Jason Luther Townes v. State ( 2002 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Jason Luther Townes

Appellant

Vs.                   No. 11-02-00033-CR B Appeal from Harris County

State of Texas

Appellee

This is an appeal from a judgment adjudicating guilt.  Appellant originally entered a plea of guilty to the offense of aggravated assault.  Pursuant to a plea bargain agreement, the trial court deferred the adjudication of guilt, placed appellant on community supervision for 5 years, and assessed a $500 fine.  After a hearing on the State=s motion to adjudicate, the trial court found the allegations that appellant violated the terms and conditions of his community supervision to be true, revoked his community supervision, adjudicated his guilt, and imposed a sentence of confinement for 15 years and a $500 fine.  We modify and affirm.

Appellant=s court-appointed counsel has filed a brief in which he conscientiously examines the proceedings in this case and the applicable law and concludes that the appeal is without merit.  Counsel reviews in detail the procedural process in cases where adjudication of guilt is deferred, the defendant is placed on community supervision, and then guilt is later adjudicated and community supervision revoked.  Counsel states that procedurally appellant=s concerns cannot be raised on direct appeal from the adjudication of his guilt. We agree.

Counsel has furnished appellant with a copy of the brief and has advised appellant of his right to review the record and file a pro se brief.  A pro se brief has not been filed.  Counsel has complied with the procedures outlined in Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Cr.App.1991); High v. State, 573 S.W.2d 807 (Tex.Cr.App.1978); Currie v. State, 516 S.W.2d 684 (Tex.Cr.App.1974); and Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969).

Following the procedures outlined in Anders, we have independently reviewed the record.  We agree that the appeal is without merit.  We modify the judgment to reflect that appellant entered pleas of not true to the State=s allegations in the motion to adjudicate.

As modified, the judgment of the trial court is affirmed.

PER CURIAM

July 18, 2002

Do not publish.  See TEX.R.APP.P. 47.3(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.