Miguel Lorenzi, Jr. v. The State of Texas--Appeal from Criminal District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-07-415 CR
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KENDRICK DESHAWN ARCENEAUX, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 94570
MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Kendrick Deshawn Arceneaux pled no contest (1) to possession of a controlled substance. The trial court assessed punishment at two years of confinement in a state jail facility, then suspended imposition of sentence, placed Arceneaux on community supervision for three years, and assessed a $750 fine. On February 14, 2007, the State filed a motion to revoke Arceneaux's community supervision. Arceneaux pled "true" to two violations of the terms of the community supervision order. The trial court found that Arceneaux violated the terms of the community supervision order, revoked Arceneaux's community supervision, and imposed a sentence of one year of confinement in a state jail facility.

Arceneaux'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 December 13, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from the 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. (2)

AFFIRMED.

 

STEVE McKEITHEN

Chief Justice

 

Submitted on April 8, 2008

Opinion Delivered April 16, 2008

Do Not Publish

 

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

1. The trial court's judgment of conviction recites that Arceneaux pled guilty. However, the record reflects that the trial court permitted Arceneaux to change his plea to no contest.

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