Dustin Wayne Harrington v. State ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-14-00496-CR
NO. 09-14-00497-CR
________________
DUSTIN WAYNE HARRINGTON, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause Nos. 14-19207, 14-19726
__________________________________________________________________
MEMORANDUM OPINION
Pursuant to plea bargain agreements, appellant Dustin Wayne Harrington
pleaded guilty to credit card abuse and possession of a controlled substance. In
both cases, the trial court found the evidence sufficient to find Harrington guilty,
but deferred further proceedings and placed Harrington on community supervision.
The State subsequently filed a motion to revoke Harrington’s unadjudicated
community supervision in each case. In both cases, Harrington pleaded “true” to
1
four violations of the conditions of his community supervision. The trial court
found that Harrington had violated the conditions of his community supervision in
both cases and found Harrington guilty. The trial court assessed punishment at two
years of confinement in the credit card abuse case and five years of confinement in
the possession of a controlled substance case, with the sentences to run
concurrently.
Harrington’s appellate counsel filed briefs that present counsel’s
professional evaluation of the records and conclude the appeals are frivolous. See
Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.
Crim. App. 1978). On January 20, 2015, we granted an extension of time for
Harrington to file pro se briefs. We received no response from Harrington. We
have reviewed the appellate records, and we agree with counsel’s conclusion that
no arguable issues support these appeals. Therefore, we find it unnecessary to
order appointment of new counsel to re-brief the appeals. Compare Stafford v.
State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s
judgments. 1
1
Harrington may challenge our decision in these cases by filing a petition for
discretionary review. See Tex. R. App. P. 68.
2
AFFIRMED.
________________________________
STEVE McKEITHEN
Chief Justice
Submitted on April 28, 2015
Opinion Delivered May 6, 2015
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
3