Albert J. Fields, Jr. v. The State of Texas--Appeal from 252nd District Court of Jefferson County (majority)

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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-11-00232-CR ________________ ALBERT J. FIELDS, JR., Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 94838 ________________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Albert J. Fields, Jr. pleaded guilty to criminal nonsupport. The trial court found the evidence sufficient to find Fields guilty, but deferred further proceedings and placed Fields on community supervision for five years. The State subsequently filed a motion to revoke Fields s unadjudicated community supervision. Fields pleaded true to three violations of the conditions of his community supervision. The trial court found that Fields violated the conditions of his community supervision, found Fields guilty of criminal nonsupport, and assessed punishment at two years of confinement in a state jail facility. Fields 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 June 30, 2011, 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STEVE McKEITHEN Chief Justice Submitted on September 28, 2011 Opinion Delivered October 5, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.

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