Justin Jacolby Calloway v. The State of Texas--Appeal from 252nd District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-09-00176-CR ____________________ JUSTIN JACOLBY CALLOWAY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 07-01911 MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Justin Jacolby Calloway pled guilty to burglary of a building. The trial court found the evidence sufficient to find Calloway guilty, but deferred further proceedings, placed Calloway on community supervision for five years, and assessed a fine of $750. The State subsequently filed a motion to revoke Calloway s unadjudicated community supervision. Calloway pled true to four violations of the conditions of his community supervision. The trial court found that Calloway violated 1 the conditions of his community supervision, found Calloway guilty of burglary of a building, and assessed punishment at two years of confinement in a state jail facility. Calloway 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 September 17, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from 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. _________________________________ STEVE McKEITHEN Chief Justice Submitted on February 9, 2010 Opinion Delivered February 17, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary review.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 T EX. R. A PP. P. 68. 2
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