Charles Vernon York v. State ( 2007 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-308 CR ____________________

CHARLES VERNON YORK, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 87922

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MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Charles Vernon York pled guilty to felony criminal mischief. The trial court deferred further proceedings, placed York on community supervision for three years, and assessed a fine of $500. On January 4, 2006, the State filed a motion to revoke York's unadjudicated community supervision. York pled true to violating two of the conditions of the community supervision order. The trial court found that York

violated the conditions of his community supervision, found York guilty of felony criminal mischief, and assessed punishment at eighteen months of confinement in a state jail facility. York'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.

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HOLLIS HORTON

Justice

Submitted on April 6, 2007

Opinion Delivered April 18, 2007

Do Not Publish

Before McKeithen, C.J., Gaultney 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.