Joshua David Olvera v. State ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00150-CR
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JOSHUA DAVID OLVERA, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 11-11139
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MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Joshua David Olvera
pleaded guilty to aggravated robbery. The trial court found the evidence sufficient
to find Olvera guilty, but deferred further proceedings, placed Olvera on
community supervision for ten years, and assessed a fine of $1000. The State
subsequently filed a motion to revoke Olvera’s unadjudicated community
supervision. Olvera pleaded “true” to three violations of the conditions of his
community supervision. The trial court found that Olvera violated the conditions of
1
his community supervision, found Olvera guilty of aggravated robbery, and
assessed punishment at twenty years of confinement.
Olvera’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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App.
1978). On August 13, 2014, we granted an extension of time for Olvera to file a
pro se brief. We received no response from Olvera. 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 November 13, 2014
Opinion Delivered December 10, 2014
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.
1
Olvera may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
2