Derrell Monty Poe AKA Darrell Poe v. State ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-072 CR ____________________

DERRELL MONTY POE a/k/a DARRELL POE, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 88986

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MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Derrell Monty Poe a/k/a Darrell Poe pled guilty to burglary of a building. The trial court assessed punishment at two years of confinement in a state jail facility, then suspended imposition of sentence, placed Poe on community supervision for five years, and assessed a $1,000 fine. On May 5, 2006, the State filed a motion to revoke Poe's community supervision. Poe pled "true" to three violations of the terms of the community supervision order. The trial court found that Poe violated the terms of the community supervision order, revoked Poe's community supervision, and imposed a sentence of twenty-two months of confinement in a state jail facility.

Poe'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 July 12, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant.

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.

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CHARLES KREGER

Justice

Submitted on November 5, 2007

Opinion Delivered November 14, 2007

Do not publish

Before Gaultney, Kreger, and Horton, JJ.

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