Richard E. Smith 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. 09-11-00177-CR ____________________ RICHARD E. SMITH, Appellant V. THE STATE OF TEXAS, Appellee ___________________________________________________________ _________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 09-06809 _____________________________________________________________ ________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Richard E. Smith pleaded guilty to possession of a controlled substance, namely cocaine. The trial court found the evidence sufficient to find Smith guilty, but deferred further proceedings, placed Smith on community supervision for five years, and assessed a fine of $500. The State subsequently filed a motion to revoke Smith s unadjudicated community supervision. Smith pleaded true to three violations of the conditions of his community supervision. The trial court found that Smith had violated the conditions of his community 1 supervision, found Smith guilty of possession of a controlled substance, and assessed punishment at two years of confinement in a state jail facility. Smith 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 5, 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 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 ________________________________ DAVID GAULTNEY Justice Submitted on August 2, 2011 Opinion Delivered August 10, 2011 Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary review.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. 2
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