Toddrick Lyons v. The State of Texas--Appeal from Criminal District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-279 CR
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TODDRICK LYONS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 92203
MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Toddrick Lyons pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Lyons guilty, but deferred further proceedings and placed Lyons on community supervision for seven years. On May 18, 2006, the State filed a motion to revoke Lyons's unadjudicated community supervision. Lyons pled "true" to two violations of the conditions of his community supervision. The trial court found that Lyons violated the conditions of his community supervision, found Lyons guilty of burglary of a habitation, and assessed punishment at fifteen years of confinement.

Lyons'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 March 8, 2007, 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.

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HOLLIS HORTON

Justice

Submitted on July 2, 2007

Opinion Delivered September 5, 2007

Do Not Publish

 

Before McKeithen, C.J., Kreger and Horton, JJ.

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.