Jeremy Bond Zbranek 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. 09-10-00453-CR _________________ JEREMY BOND ZBRANEK, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 91502 ________________________________________________________________________ MEMORANDUM OPINION Appellant Jeremy Bond Zbranek appeals from the trial court s revocation of his community supervision. We affirm the trial court s judgment. Zbranek entered a plea of guilty to the offense of credit or debit card abuse. The trial court found Zbranek guilty, sentenced him to two years of confinement, but suspended imposition of sentence and placed Zbranek on community supervision for five years, and assessed a fine of $1,000. The State subsequently filed a motion to revoke Zbranek s community supervision. Zbranek pled true to four violations of the 1 conditions of his community supervision. The trial court found that Zbranek violated the conditions of his community supervision, revoked Zbranek s community supervision, and assessed punishment at two years of confinement in a state jail facility. Zbranek s appellate counsel filed an Anders brief. 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). Counsel s brief presents his professional evaluation of the record and concludes there are no arguable grounds to be advanced in this appeal. Counsel provided Zbranek with a copy of this brief. On December 9, 2010, we granted an extension of time for appellant to file a pro se brief. In response, Zbranek filed a pro se brief, raising two issues on appeal. The appellate court need not address the merits of issues raised in Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). In these circumstances, we may determine that the appeal is wholly frivolous and issue an opinion explaining that [the appellate court] has reviewed the record and finds no reversible error. Or, [we] may determine that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues. Id. (citations omitted). We have independently reviewed the clerk s record and the reporter s record, and we agree with Zbranek s appellate counsel that no arguable issues support an appeal. See id. Therefore, we find it unnecessary to order appointment of new counsel to re-brief 2 Zbranek s appeal. See id.; compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court s judgment.1 AFFIRMED. ___________________________ CHARLES KREGER Justice Submitted on July 8, 2011 Opinion Delivered July 27, 2011 Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 1 Zbranek may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 3
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