John Christopher Murphy v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-06-344 CR ______________________ JOHN CHRISTOPHER MURPHY, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 93446

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  MEMORANDUM OPINION

Pursuant to a plea bargain, appellant John Christopher Murphy pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Murphy guilty, but deferred further proceedings, placed Murphy on community supervision for six years, assessed a $1,000 fine, and ordered Murphy to pay restitution in the amount of $310. On March 8, 2006, the State filed a motion to revoke Murphy's unadjudicated probation. Although Murphy offered an explanation for his violation, he pled "true" to violating one of the conditions of his community supervision. The trial court found that Murphy violated one of the community supervision conditions, found Murphy guilty of burglary of a habitation, and assessed punishment at twenty years of confinement.

Murphy'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). 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.

AFFIRMED.

DAVID GAULTNEY

Justice

Submitted on February 13, 2007

Opinion Delivered March 7, 2007

Do Not Publish

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