Tristan Eric Bamber v. State ( 2010 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-09-00317-CR ____________________

TRISTAN ERIC BAMBER, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 08-3897

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MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Tristan Eric Bamber pled guilty to injury to an elderly individual. The trial court found the evidence sufficient to find Bamber guilty, but deferred further proceedings and placed Bamber on community supervision for eight years. The State subsequently filed a motion to revoke Bamber's unadjudicated community supervision. Bamber pled "true" to two violations of the conditions of his community supervision. The trial court found that Bamber violated the conditions of his community supervision, found Bamber guilty of injury to an elderly individual, and assessed punishment at eight years of confinement.

Bamber'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, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On November 5, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from appellant. 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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DAVID GAULTNEY

Justice

Submitted on February 9, 2010

Opinion Delivered February 17, 2010

Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.