Jude Cotley Boudreaux v. The State of Texas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-07-542 CR
____________________
JUDE COTLEY BOUDREAUX, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 92634
MEMORANDUM OPINION

Appellant Jude Cotley Boudreaux was indicted for felony criminal mischief. Boudreaux pled guilty pursuant to a plea bargain. The trial court found the evidence sufficient to find Boudreaux guilty, but deferred further proceedings, placed Boudreaux on community supervision for three years, and ordered Boudreaux to pay restitution. The State subsequently filed a motion to revoke Boudreaux's unadjudicated community supervision. Boudreaux pled "true" to three alleged violations of the terms of his community supervision. The trial court found that Boudreaux violated the conditions of his community supervision, found Boudreaux guilty of felony criminal mischief, and assessed punishment at sixteen months of confinement in a state jail facility. Boudreaux then filed this appeal.

Boudreaux'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). Boudreaux filed a pro se brief in response. The Court of Criminal Appeals directs that we not address the merits of issues raised in Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Rather, an appellate court may determine either: (1) "that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error"; or (2) "that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues." Id.

We have determined that this appeal is wholly frivolous. We have independently examined the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. See id. 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 March 21, 2008.

Opinion Delivered April 9, 2008

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.