Leroy Staples v. The State of Texas--Appeal from 258th District Court of Polk County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-300 CR
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LEROY STAPLES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 258th District Court
Polk County, Texas
Trial Cause No. 13,433
MEMORANDUM OPINION

Leroy Staples entered a guilty plea in Cause No. 13,433 to the second degree felony offense of indecency with a child by contact. (1) The trial court deferred adjudication of guilt and placed Staples on community supervision for ten years commencing June 6, 1995. During the period of community supervision, the State filed a motion to adjudicate on the grounds that Staples violated the terms of the community supervision order by committing the criminal offenses of harassment and sexual assault of a child and by associating with children without the presence of another adult. Staples pled "not true" and the trial court heard evidence to support the State's motion. The trial court adjudicated guilt and assessed a twenty-year sentence.

Staples'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), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On December 1, 2005, we granted an extension of time for Staples to file a pro se brief. Staples did not file a response.

We reviewed the appellate record and 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). The judgment is affirmed.

AFFIRMED.

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CHARLES KREGER

Justice

Submitted on March 7, 2006

Opinion Delivered March 15, 2006

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.

1. Staples committed the offense in 1992. The version of the statute then in effect applies to this case. See Act of May 12, 1981, 67th Leg., R.S., Ch. 202 3, 1981 Tex. Gen. Laws 471, 472 (current statute at Tex. Pen. Code Ann. 21.11(a)(1) (Vernon 2003).