Brandi Nicole Hebert a/k/a Brandi Nicole Dakota a/k/a Brandi Nicole Petitjean 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. 09-09-00500-CR ____________________ BRANDI NICOLE HEBERT A/K/A BRANDI NICOLE DAKOTA A/K/A BRANDI NICOLE PETITJEAN, Appellant V. THE STATE OF TEXAS, Appellee _____________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 07-01079 _____________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Brandi Nicole Hebert a/k/a Brandi Nicole Dakota a/k/a Brandi Nicole Petitjean pled guilty to aggravated robbery. The trial court found the evidence sufficient to find Hebert guilty, but deferred further proceedings, placed Hebert on community supervision for ten years, and assessed a fine of $1,000. The State subsequently filed a motion to revoke Hebert s unadjudicated community supervision. Hebert pled true to one violation of the conditions of her community supervision. The trial court found that Hebert violated the conditions of her community 1 supervision, found Hebert guilty of aggravated robbery, and assessed punishment at twenty years of confinement. Hebert 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 December 31, 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 rebrief 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STEVE McKEITHEN Chief Justice Submitted on April 7, 2010 Opinion Delivered April 21, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. Appellant may challenge our decision in this case by filing a petition for discretionary review. See T EX. R. A PP. P. 68. 1 2

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