Bobby Mitchell Zachery v. The State of Texas Appeal from 252nd District Court of Jefferson County (memorandum opinion by chief justice mckeithen)
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-14-00211-CR ________________ BOBBY MITCHELL ZACHERY, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 11-11234 __________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Bobby Mitchell Zachery pleaded guilty to failure to comply with sex offender registration requirements. The trial court found the evidence sufficient to find Zachery guilty, but deferred further proceedings, placed Zachery on community supervision for five years, and assessed a fine of $500. The State subsequently filed a motion to revoke Zachery’s unadjudicated community supervision. Zachery pleaded “true” to three violations of the conditions of his community supervision. The trial court found that Zachery 1 had violated the conditions of his community supervision, found Zachery guilty of failure to comply with sex offender registration requirements, and assessed punishment at five years of confinement. Zachery’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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On July 14, 2014, we granted an extension of time for Zachery to file a pro se brief. We received no response from Zachery. We have 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. ________________________________ STEVE McKEITHEN Chief Justice Submitted on October 15, 2014 Opinion Delivered November 12, 2014 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ. 1 Zachery may challenge our decision in this case by filing a petition for discretionary review.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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