Brandon Lee Kilpatrick v. State ( 2013 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-13-00246-CR
____________________
BRANDON LEE KILPATRICK, Appellant
V.
THE STATE OF TEXAS, Appellee
_________________________________ ______________________
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 11-11680
____________________________________________ ____________
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, Brandon Lee Kilpatrick pleaded guilty
to felony driving while intoxicated. The trial court found Kilpatrick guilty,
suspended imposition of sentence, and placed Kilpatrick on community
supervision for ten years. The State later filed a motion to revoke Kilpatrick’s
community supervision. Kilpatrick pleaded “true” to violating five conditions of
his community supervision. The trial court found that Kilpatrick violated the
1
conditions of his community supervision, revoked Kilpatrick’s community
supervision, and sentenced Kilpatrick to ten years in prison.
Kilpatrick’s appellate counsel filed a brief that presents counsel’s
professional evaluation of the record and concludes Kilpatrick’s appeal is
frivolous. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573
S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for
Kilpatrick to file a pro se brief, but we received no response from Kilpatrick. We
have determined that this appeal is wholly frivolous. We have independently
examined the clerk’s record and the reporter’s record, and we agree that no
arguable issues support an appeal. 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.
________________________________
STEVE McKEITHEN
Chief Justice
Submitted on November 27, 2013
Opinion Delivered December 11, 2013
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
1
Kilpatrick may challenge our decision by filing a petition for discretionary
review. See Tex. R. App. P. 68.
2