Court of Civil Appeals of Texas, 2006

Tyson Jamaal Henry v. State

Tyson Jamaal Henry v. State
Court of Civil Appeals of Texas · Decided December 6, 2006

Tyson Jamaal Henry v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-06-005 CR

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TYSON JAMAAL HENRY, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 90059




MEMORANDUM OPINION

Appellant Tyson Jamaal Henry pled guilty to aggravated robbery. The trial court deferred adjudicating Henry guilty, placed him on probation for ten years, assessed a fine of $10,000.00, and ordered restitution in the amount of $150.00. The trial court also ordered Henry to serve one hundred eighty days of "upfront" time in the county jail. Subsequently, the State filed a motion to revoke probation, in which it alleged that Henry had violated five of the terms of his probation. Henry pled "true" to three of the alleged violations. The trial court revoked Henry's probation, adjudicated him guilty, and sentenced him to thirty years of confinement.

Henry'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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On July 20, 2006, we granted an extension of time for Henry to file a pro se brief. We received no response from the appellant.

We 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.

HOLLIS HORTON

Justice

Submitted on November 28, 2006

Opinion Delivered December 6, 2006

Do Not Publish



Before Gaultney, Kreger, and Horton, JJ.

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.

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