Elwood Jean Foster v. State ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-071 CR ____________________

ELWOOD JEAN FOSTER, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 90424

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MEMORANDUM OPINION

Appellant Elwood Jean Foster pled no contest to aggravated assault on a public servant. The trial court deferred finding Foster guilty and placed him on probation for seven years. Subsequently, the State filed a motion to revoke probation, which alleged that Foster violated four conditions of his probation. Foster pled "true" to three of the four counts. The trial court revoked Foster's probation, adjudicated him guilty, and sentenced him to twenty years of confinement.

Foster's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On August 10, 2006, we granted an extension of time for Foster to file a pro se brief. We received no response from Foster.

We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment. ⁽¹⁾  

AFFIRMED.

STEVE McKEITHEN

Chief Justice

Submitted on November 28, 2006

Opinion Delivered December 6, 2006

Do Not Publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.   

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.