Michael Vance Vaughn v. The State of Texas--Appeal from 3rd District Court of Anderson County

NOS. 12-06-00176-CR

12-06-00177-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

MICHAEL VANCE VAUGHN, APPEALS FROM THE THIRD

APPELLANT

V. JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE ANDERSON COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Michael Vance Vaughn appeals the revocation of his deferred adjudication community supervision, following which he was sentenced to imprisonment for ten years. Appellant s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). We affirm.

Background

Appellant was charged by indictment for hindering apprehension of prosecution and pleaded guilty. The trial court deferred adjudicating Appellant guilty and sentenced Appellant to community supervision for five years. On March 1, 2006, the State filed a motion seeking to revoke Appellant s community supervision alleging that he had violated certain conditions thereof. Specifically, the State alleged that Appellant (1) failed to report to the community supervision officer at the community supervision corrections department as ordered, (2) failed to perform community service restitution each week as ordered by the court, (3) failed to pay the Anderson County community supervision and corrections department a supervision fee as ordered by the court, and (4) failed to pay the clerk of the court a fine of $1,500.00 at the rate of $37.00 per month.

On April 25, 2006, the trial court conducted a hearing on the matter. Appellant pleaded not true to the aforementioned allegations in the State s motion. Ultimately, the trial court found the violations alleged in the State s motion to be true, revoked Appellant s community supervision, adjudicated Appellant guilty of hindering apprehension of prosecution, and sentenced Appellant to imprisonment for ten years. This appeal followed.

Analysis Pursuant to Anders v. California

Appellant s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Appellant s counsel states that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. He further relates that he is well acquainted with the facts in this case. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978), Appellant s brief presents a chronological summation of the procedural history of the case and further states that Appellant s counsel is unable to raise any arguable issues for appeal.1 We have likewise reviewed the record for reversible error and have found none.

Conclusion

As required by Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant s counsel has moved for leave to withdraw. We carried the motion for consideration with the merits of this matter. Having done so and finding no reversible error, Appellant s counsel s motion for leave to withdraw is hereby granted and the trial court s judgment is affirmed.

Opinion delivered January 24, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)

1 Counsel for Appellant certified in his motion to withdraw that he provided Appellant with a copy of this brief. Appellant was given time to file his own brief in this cause. The time for filing such a brief has expired and we have received no pro se brief.