Thomas Cain Robinson 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. 09-10-00235-CR ____________________ THOMAS CAIN ROBINSON, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 09-07198 ________________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Thomas Cain Robinson pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Robinson guilty, but deferred further proceedings, placed Robinson on community supervision for four years, and assessed a fine of $500. The State subsequently filed a motion to revoke Robinson s unadjudicated community supervision. Robinson pled true to two violations of the conditions of his community supervision. The trial court found that Robinson violated the conditions of his community supervision, found Robinson guilty of burglary of a habitation, and assessed punishment at fifteen years of confinement. 1 Robinson 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 July 15, 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 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. ________________________________ DAVID GAULTNEY Justice Submitted on October 15, 2010 Opinion Delivered October 20, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary reviewv. See Tex. R. App. P. 68. 2

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