Rebecca Donnett Harkey v. State ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-13-00494-CR
____________________
REBECCA DONNETT HARKEY, Appellant
V.
THE STATE OF TEXAS, Appellee
_______________________________________________________ ______________
On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. 21523
________________________________________________________ _____________
MEMORANDUM OPINION
Rebecca Donnett Harkey pleaded guilty to aggravated robbery. See Tex.
Penal Code Ann. § 29.03 (West 2011). The trial court found the evidence sufficient
to find Harkey guilty, but deferred further proceedings and placed Harkey on
community supervision for ten years and assessed a $2,000 fine. The State
subsequently filed an amended motion to adjudicate guilt. Harkey pleaded “true”
to violating the terms of her community supervision. The trial court found Harkey
1
violated the conditions of her community supervision, found Harkey guilty of
aggravated robbery, and assessed punishment at forty-five years of confinement.
Harkey’s appellate counsel filed a brief that presents counsel’s professional
evaluation of the record. Counsel concludes there are no arguable points of error.
See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807
(Tex. Crim. App. 1978). This Court granted an extension of time for appellant to
file a pro se response. We received no response from appellant.
We have reviewed the appellate record and agree with counsel’s conclusion.
See Bledsoe v. State, 178 S.W.3d 824, 826-28 (Tex. Crim. App. 2005); Stafford v.
State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). It is unnecessary to order
appointment of new counsel to re-brief the appeal. See Bledsoe, 178 S.W.3d at
826-28; compare Stafford, 813 S.W.2d at 511. The trial court’s judgment is
affirmed.
AFFIRMED.
_________________________
LEANNE JOHNSON
Justice
Submitted on May 22, 2014
Opinion Delivered June 11, 2014
Do Not Publish
Before Kreger, Horton and Johnson, JJ.
2