Gregory Todd Hawkins a/k/a Gregory Hawkins 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. 09-10-00055-CR _________________ GREGORY TODD HAWKINS a/k/a GREGORY HAWKINS, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 08-04888 ________________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, Gregory Todd Hawkins a/k/a Gregory Hawkins pled guilty to possession of a controlled substance. The trial court found the evidence sufficient to find Hawkins guilty, but deferred further proceedings, placed Hawkins on community supervision for five years, and assessed a fine of $250. The State subsequently filed a motion to revoke Hawkins s unadjudicated community supervision. Hawkins pled true to three violations of the conditions of his community supervision. The trial court found that Hawkins violated the conditions of his community supervision, 1 found Hawkins guilty of possession of a controlled substance, and assessed punishment at twenty years of confinement. Hawkins 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. ___________________________ HOLLIS HORTON Justice Submitted on October 15, 2010 Opinion Delivered October 27, 2010 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary review.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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