DocketNumber: 09-06-00152-CR
Filed Date: 6/6/2007
Status: Precedential
Modified Date: 9/10/2015
Appellant Brandon Joseph Gerard was indicted for aggravated robbery. Pursuant to a plea bargain, Gerard pled guilty to the lesser-included offense of robbery. The trial court found the evidence sufficient to find Gerard guilty of robbery, but deferred finding Gerard guilty, placed Gerard on community supervision for eight years, and assessed a $1000 fine. On December 6, 2005, the State filed a motion to revoke Gerard's unadjudicated community supervision. Gerard pled "true" to one of the alleged violations of the terms of his community supervision and "not true" to the others. After conducting an evidentiary hearing, the trial court found that Gerard violated three of the conditions of his community supervision, found Gerard guilty of robbery, and assessed punishment at twenty years of confinement.
Gerard'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 February 1, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from the 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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HOLLIS HORTON
Justice
Submitted on May 29, 2007
Opinion Delivered June 6, 2007
Do Not Publish
Before McKeithen, C.J., Kreger 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