Christopher Allen Klahn v. State ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-09-00057-CR ____________________

CHRISTOPHER ALLEN KLAHN, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 07-02227

---

MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Christopher Allen Klahn pled guilty to unlawful possession of a firearm by a felon. The trial court found the evidence sufficient to find Klahn guilty, but deferred further proceedings, placed Klahn on community supervision for ten years, and assessed a fine of $2,000. The State subsequently filed a motion to revoke Klahn's unadjudicated community supervision. Klahn pled "true" to four violations of the conditions of his community supervision. The trial court found that Klahn violated the conditions of his community supervision, found Klahn guilty of unlawful possession of a firearm by a felon, and assessed punishment at ten years of confinement.

Klahn'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 June 18, 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.

_________________________________

CHARLES KREGER

Justice

Submitted on October 15, 2009

Opinion Delivered October 28, 2009

Do not publish

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

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