Marvin Earl Berryhill v. State of Texas
Marvin Earl Berryhill v. State of Texas
Opinion
Marvin Earl Berryhill pleaded guilty to the second degree felony offense of burglary of a habitation. See Tex. Pen. Code Ann. § 30.02(a)(1),(c)(2) (Vernon Supp. 2002). The trial court deferred adjudication of guilt and placed Berryhill on community supervision for ten years. After pleading "true" to violating the terms of the community supervision order, Berryhill was convicted and sentenced to ten years of confinement in the Texas Department of Criminal Justice, Institutional Division.
Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On March 7, 2002, Berryhill was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.1.
Berryhill cannot raise error relating to the plea proceeding in this appeal, nor may he appeal the trial court's decision to adjudicate guilt. Manuel v. State, 994 S.W.2d 658, 661 (Tex. Crim. App. 1999); Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999). Berryhill had an opportunity to present punishment evidence during the proceedings. See Pearson v. State, 994 S.W.2d 176, 179 (Tex. Crim. App. 1999).
We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.
AFFIRMED.
PER CURIAM
Submitted on June 26, 2002
Opinion Delivered July 10, 2002
Do Not Publish
Before Walker, C.J., Burgess and Gaultney, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.