William Dalton Elliott a/k/a Bill Elliot a/k/a William D. Elliott 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. 09-11-00236-CR _________________ WILLIAM DALTON ELLIOTT, a/k/a BILL ELLIOT, a/k/a WILLIAM D. ELLIOTT, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 10-08807 ________________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant William Dalton Elliott1 entered a plea of guilty to the charge of evading arrest or detention by use of a vehicle. The trial court found Elliott guilty and assessed punishment at two years of confinement, probated over five years and assessed a fine of $1,000. The State subsequently filed a motion to revoke Elliott s community supervision. Elliott pled true to four violations of the terms 1 William Dalton Elliott is also known as Bill Elliot, Bill Dalton Elliott, and William D. Elliott. 1 of his community supervision. The trial court found that Elliott violated the terms of the community supervision order, revoked Elliott s community supervision, and imposed a sentence of two years of confinement. Elliott 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 16, 2011, we granted an extension of time for appellant to file a pro se brief. We received no response from the 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 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.2 AFFIRMED. ___________________________ CHARLES KREGER Justice Submitted on September 28, 2011 Opinion Delivered October 5, 2011 Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2 Appellant may challenge our decision in this case by filing a petition for discretionary review.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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