Ray Durell Lee v. State ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-07-531 CR ____________________

RAY DURELL LEE, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 87022

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MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Ray Durell Lee pled guilty to aggravated assault. On March 3, 2003, the trial court found the evidence sufficient to find Lee guilty, but deferred further proceedings, placed Lee on community supervision for four years, and assessed a fine of $500. On May 30, 2007, the State filed a motion to revoke Lee's unadjudicated community supervision. Lee pled "true" to three violations of the conditions of his community supervision. The trial court found that Lee violated the conditions of his community supervision, found Lee guilty of aggravated assault, and assessed punishment at seven years of confinement.

Lee'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 20, 2007, 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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STEVE McKEITHEN

Chief Justice

Submitted on May 28, 2008

Opinion Delivered June 25, 2008

Do Not Publish

Before McKeithen, C.J., 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.