Von-Shawn Lyons v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-00020-CR NO. 09-08-00021-CR _____________________

VON-SHAWN LYONS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause Nos. 92230 and 95851

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MEMORANDUM OPINION

Pursuant to plea bargain agreements, appellant Von-Shawn Lyons ⁽¹⁾ pled no contest to evading arrest or detention by using a motor vehicle and possession of a controlled substance. In each case, the trial court found the evidence was sufficient to find Lyons guilty, but deferred finding him guilty. In the evading arrest or detention case, the trial court placed Lyons on community supervision for three years and assessed a fine of $500. In the possession of a controlled substance case, the trial court placed Lyons on community supervision for three years. The State subsequently filed a motion to revoke Lyons's unadjudicated community supervision in each case. Lyons pled "true" in both cases to two violations of the terms of his community supervision. In each case, the trial court found that Lyons violated the conditions of his community supervision and found him guilty. In the evading arrest or detention case, the trial court assessed punishment at two years of confinement in a state jail facility, and in the possession of a controlled substance case, the trial court assessed punishment at two years of confinement in a state jail facility. The trial court ordered that the sentences were to run consecutively.

Lyons's appellate counsel filed a brief in each case that presents counsel's professional evaluation 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 October 2, 2008, we granted an extension of time for appellant to file a pro se brief in each case. We received no response from the appellant. We reviewed the appellate records, and we agree with counsel's conclusion that no arguable issues support the appeals. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeals. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgments. ⁽²⁾

AFFIRMED.

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DAVID GAULTNEY

Justice

Submitted on February 11, 2009

Opinion Delivered February 25, 2009

Do not publish

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

1. In appeal number 09-08-020-CR, the indictment and the judgment refer to appellant as "Von-Shawn Oneal Lyons[.]"

2. Appellant may challenge our decision in these cases by filing a petition for discretionary review. See Tex. R. App. P. 68.