Dustin Kurt Terro v. State ( 2014 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00253-CR
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DUSTIN KURT TERRO, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 13-15987
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MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Dustin Kurt Terro pleaded
guilty to felony driving while intoxicated. 1 The trial court found Terro guilty and
assessed punishment at eight years of confinement, then suspended imposition of
sentence, placed Terro on community supervision for eight years, and assessed a
fine of $1000. The State subsequently filed a motion to revoke Terro’s community
1
The indictment alleged that Terro had two prior misdemeanor convictions
for driving while intoxicated.
1
supervision. Terro pleaded “true” to four violations of the terms of the community
supervision order. The trial court found that Terro violated the terms of the
community supervision order, revoked Terro’s community supervision, and
imposed a sentence of four years of confinement.
Terro’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 18, 2014, we granted an extension of time for Terro to file a pro
se brief. We received no response from Terro.
We have 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.2
AFFIRMED.
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STEVE McKEITHEN
Chief Justice
2
Terro may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
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Submitted on November 20, 2014
Opinion Delivered December 10, 2014
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
3