Tony Jack Franklin v. The State of Texas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-241 CR
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TONY JACK FRANKLIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 95644
MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Tony Jack Franklin pled guilty to aggravated assault. The trial court found the evidence sufficient to find Franklin guilty, but deferred further proceedings, placed Franklin on probation for five years, and assessed a fine of $500.00. On January 24, 2006, the State filed a motion to revoke Franklin's unadjudicated probation. Franklin pled "true" to five violations of the conditions of his probation. The trial court found that Franklin violated the conditions of his probation, found Franklin guilty of aggravated assault, and assessed punishment at fifteen years of imprisonment.

Franklin'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. (1)

AFFIRMED.

 

______________________________

STEVE McKEITHEN

Chief Justice

 

Submitted on February 13, 2007

Opinion Delivered February 28, 2007

Do Not Publish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.