Darrin Adam Banks v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-011 CR ____________________

DARRIN ADAM BANKS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 88719

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MEMORANDUM OPINION

Darrin Adam Banks pled guilty to the state jail felony offense of forgery. ⁽¹⁾ The trial court convicted and sentenced Banks to two years of confinement in a state jail facility of the Texas Department of Criminal Justice, Correctional Institutions Division, then suspended imposition of the sentence and placed Banks on community supervision for four years, beginning September 8, 2003. In March 2004, the State filed a motion to revoke community supervision. Banks pled true to allegations that he violated the terms of the community supervision order. The trial court found Banks violated the terms of the community supervision order, entered a revocation order, and imposed a sentence of one year of confinement.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. 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 April 21, 2005, Banks was given an extension of time in which to file a pro se brief. No response has been filed with the Court.

In a revocation proceeding, the State must establish by a preponderance of the evidence that the defendant violated the conditions of the supervision order. Cardona v. State, 665 S.W.2d 492, 493 (Tex. Crim. App. 1984). On appeal, the question presented is whether the trial court abused its discretion in revoking the appellant's community supervision. Jackson v. State, 645 S.W.2d 303, 305 (Tex. Crim. App. 1983). If the State meets its burden of proof, it is within the trial court's discretion to revoke community supervision. Id. A plea of true to any one alleged violation is sufficient to support a revocation of supervision. Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App.1979). In this case, Banks pled true to several violations of the community supervision order. The trial court acted within its discretion.

We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The judgment is affirmed.

AFFIRMED.

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DAVID GAULTNEY

Justice

Submitted on October 10, 2005

Opinion Delivered October 26, 2005

Do Not Publish

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

1. Although the indictment and judgment record the appellant's name as "Darrin Adam Banks," the appellant's name appears as "Tharon Adam Banks" in several places in the record. The appellant signed both names on different documents.