Patrick Dewayne White Jr. v. The State of Texas Appeal from 252nd District Court of Jefferson County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-16-00027-CR _________________ PATRICK DEWAYNE WHITE JR., Appellant V. STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 11-12061 ________________________________________________________________________ MEMORANDUM OPINION Patrick DeWayne White Jr. was indicted for aggravated sexual assault of a child, a first degree felony. See Tex. Penal Code § 22.021(a)(1)(B)(i), (e) (West Supp. 2016).1 White pleaded guilty to the offense, and on September 26, 2011, the trial court deferred adjudication and placed White on community supervision for ten years. On December 15, 2015, the State filed a motion to revoke alleging that 1 We cite to the current version of section 22.021(a)(1)(B)(i), (e), because the amendment does not affect the outcome of this appeal. 1 White had violated four conditions of his community supervision. At the hearing, White pleaded “true” to two counts in the State’s motion. The trial court, having found a third count in the State’s motion to be true as well, sentenced White to fifteen years in prison. White timely filed a notice of appeal. White’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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978). We granted an extension of time for White to file a pro se brief, but we received no response from him. We have independently examined the entire appellate record in this matter, and we agree that no arguable issues support an appeal. We have determined that this appeal is wholly frivolous. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. 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 2 White may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2 Submitted on June 27, 2016 Opinion Delivered February 22, 2017 Do not publish Before Kreger, Horton, and Johnson, JJ. 3
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