Rebecca Donnett Harkey v. The State of TexasAppeal from 411th District Court of Polk County (memorandum opinion )

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00494-CR ____________________ REBECCA DONNETT HARKEY, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 411th District Court Polk County, Texas Trial Cause No. 21523 ________________________________________________________ _____________ MEMORANDUM OPINION Rebecca Donnett Harkey pleaded guilty to aggravated robbery. See Tex. Penal Code Ann. ยง 29.03 (West 2011). The trial court found the evidence sufficient to find Harkey guilty, but deferred further proceedings and placed Harkey on community supervision for ten years and assessed a $2,000 fine. The State subsequently filed an amended motion to adjudicate guilt. Harkey pleaded true to violating the terms of her community supervision. The trial court found Harkey 1 violated the conditions of her community supervision, found Harkey guilty of aggravated robbery, and assessed punishment at forty-five years of confinement. Harkey s appellate counsel filed a brief that presents counsel s professional evaluation of the record. Counsel concludes there are no arguable points of error. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). This Court granted an extension of time for appellant to file a pro se response. We received no response from appellant. We have reviewed the appellate record and agree with counsel s conclusion. See Bledsoe v. State, 178 S.W.3d 824, 826-28 (Tex. Crim. App. 2005); Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). It is unnecessary to order appointment of new counsel to re-brief the appeal. See Bledsoe, 178 S.W.3d at 826-28; compare Stafford, 813 S.W.2d at 511. The trial court s judgment is affirmed. AFFIRMED. _________________________ LEANNE JOHNSON Justice Submitted on May 22, 2014 Opinion Delivered June 11, 2014 Do Not Publish Before Kreger, Horton and Johnson, JJ. 2

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