Duc Van Huynh v. State ( 2008 )


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  • In The



    Court of Appeals



    Ninth District of Texas at Beaumont



    ______________________

    NO. 09-07-419 CR

    ______________________



    DUC VAN HUYNH, Appellant



    V.



    THE STATE OF TEXAS, Appellee




    On Appeal from the Criminal District Court

    Jefferson County, Texas

    Trial Cause No. 93393




    MEMORANDUM OPINION

    Appellant Duc Van Huynh pled guilty to possession of a controlled substance. On June 15, 2005, the trial court found the evidence sufficient to find Huynh guilty, but deferred further proceedings, placed Huynh on community supervision for seven years, and assessed a fine of $1,000. On June 15, 2006, the State filed a motion to revoke Huynh's unadjudicated community supervision. Huynh pled "true" to two violations of the conditions of his community supervision. The trial court found that Huynh violated the conditions of his community supervision, found Huynh guilty of possession of a controlled substance, and assessed punishment at two years of confinement in TDCJ.

    Huynh'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 January 31, 2008, 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. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment. (1)

    AFFIRMED.

    _________________________________

    DAVID GAULTNEY

    Justice   

    Submitted on May 28, 2008

    Opinion Delivered June 25, 2008

    Do not publish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.

Document Info

Docket Number: 09-07-00419-CR

Filed Date: 6/25/2008

Precedential Status: Precedential

Modified Date: 9/10/2015