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 2002-07

Johnny Ray Lewis v. State of Texas ( 2002 )


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    In The



    Court of Appeals



    Ninth District of Texas at Beaumont



    ____________________



    NO. 09-01-244 CR

    ____________________



    JOHNNY RAY LEWIS, Appellant



    V.



    THE STATE OF TEXAS, Appellee



    On Appeal from the 252nd District Court

    Jefferson County, Texas

    Trial Cause No. 80046



    MEMORANDUM OPINION  

    Johnny Ray Lewis pleaded guilty to the second degree felony offense of sexual assault on a child. See Tex. Pen. Code Ann. § 22.011(a)(2)(A), (c)(1), (f) (Vernon Supp. 2002). The trial court deferred adjudication of guilt and placed Lewis on community supervision for eight years. After pleading "true" to violating the terms of the community supervision order, Lewis was convicted and sentenced to five years of confinement in the Texas Department of Criminal Justice, Institutional Division.   

    Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On February 28, 2002, Lewis was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.1.  

    Lewis cannot raise error relating to the plea proceeding in this appeal, nor may he appeal the trial court's decision to adjudicate guilt. Manuel v. State,  994 S.W.2d 658, 661 (Tex. Crim. App. 1999); Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999). Lewis had an opportunity to present punishment evidence during the proceedings. See Pearson v. State, 994 S.W.2d 176, 179 (Tex. Crim. App. 1999).  

    We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.

    AFFIRMED.

    PER CURIAM

    Submitted on June 26, 2002  

    Opinion Delivered July 10, 2002

    Do Not Publish



    Before Walker, C.J., Burgess and Gaultney, JJ.