Sherry Jeannine Berwick a/k/a Sherry J. Berwick 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. 09-10-00159-CR ____________________ SHERRY JEANNINE BERWICK A/K/A SHERRY J. BERWICK, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 95397 ________________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Sherry Jeannine Berwick a/k/a Sherry J. Berwick pled guilty to credit card abuse. The trial court found the evidence sufficient to find Berwick guilty, but deferred further proceedings, placed Berwick on community supervision for five years, and assessed a fine of $750. The State subsequently filed a motion to revoke Berwick s unadjudicated community supervision. Berwick pled true to three violations of the conditions of her community supervision. The trial court found that Berwick had violated the conditions of her community supervision, found Berwick guilty of credit card abuse, and assessed punishment at one year of confinement in a state jail facility. 1 Berwick 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 May 27, 2010, we granted an extension of time for appellant to file a pro se brief. We received no response from appellant. We have 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STEVE McKEITHEN Chief Justice Submitted on September 17, 2010 Opinion Delivered October 6, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary review.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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