Richard Earl Edwards, Sr. a/k/a Richard Earl Edwards 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. 09-09-00390-CR _________________ RICHARD EARL EDWARDS, SR. a/k/a RICHARD EARL EDWARDS, Appellant V. THE STATE OF TEXAS, Appellee ____________________________________________________________________ _ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 08-03962 ____________________________________________________________________ _ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Richard Earl Edwards, Sr. a/k/a Richard Earl Edwards pled guilty to aggravated sexual assault of a child. The trial court found the evidence sufficient to find Edwards guilty, but deferred further proceedings, placed Edwards on community supervision for ten years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Edwards’s unadjudicated community supervision. Edwards pled “true” to twelve violations of the conditions of his community supervision. The trial court found that Edwards violated the conditions of his community 1 supervision, found Edwards guilty of aggravated sexual assault of a child, and assessed punishment at ninety-nine years of confinement. Edwards’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 January 14, 2010, 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. ________________________________ HOLLIS HORTON Justice Submitted on June 8, 2010 Opinion Delivered June 23, 2010 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary review.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. 2

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