Jerry Lee Banks v. State ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-06-412 CR ____________________

JERRY LEE BANKS, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 86104

---

MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Jerry Lee Banks pled no contest to assault on a family member. The trial court found the evidence sufficient to find Banks guilty, but deferred further proceedings, placed Banks on community supervision for four years, and assessed a fine of $750. On May 5, 2006, the State filed a motion to revoke Banks's unadjudicated community supervision. Banks pled "true" to violating one of the conditions of the community supervision order. The trial court found that Banks violated the conditions of his community supervision, found Banks guilty of assault on a family member, and assessed punishment at seven years of confinement.

Banks'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 December 14, 2006, we granted an extension of time for appellant to file a pro se brief. We received no response from 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.

_________________________________

HOLLIS HORTON

Justice

Submitted on April 6, 2007

Opinion Delivered April 18, 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Do Not Publish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.