Dontae Dwayne Hal 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. 09-10-00366-CR _________________ DONTAE DWAYNE HAL, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 09-06761 _______________________________________________________________ ___ ______ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Dontae Dwayne Hal pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Hal guilty, but deferred further proceedings, placed Hal on community supervision for five years, and assessed a fine of $500. The State subsequently filed a motion to revoke Hal s unadjudicated community supervision. Hal pled true to two violations of the conditions of his community supervision. The trial court found that Hal violated the conditions of his community supervision, found Hal guilty of burglary of a habitation, and assessed punishment at twenty years of confinement. 1 Hal 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 September 30, 2010, 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DAVID GAULTNEY Justice Submitted on January 10, 2011 Opinion Delivered February 16, 2011 Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 1 Appellant may challenge our decision in this case by filing a petition for discretionary review.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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