Court of Civil Appeals of Texas, 2007

Paul Daniel Hardy v. State

Court of Civil Appeals of Texas · Decided October 10, 2007

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-071 CR

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PAUL DANIEL HARDY, Appellant

THE STATE OF TEXAS, Appellee

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 83554

MEMORANDUM OPINIONPursuant to a plea bargain, appellant Paul Daniel Hardy pled guilty to indecency with a child by exposure. On August 13, 2001, the trial court found the evidence sufficient to find Hardy guilty, but deferred further proceedings, placed Hardy on community supervision for five years, and assessed a fine of $500. The trial court amended the terms of Hardy's supervision by requiring him to serve an additional year. On January 3, 2007, the State filed a motion to revoke Hardy's unadjudicated community supervision. Hardy pled "true" to five violations of the conditions of his community supervision. The trial court found that Hardy violated the conditions of his community supervision, found Hardy guilty of indecency with a child by exposure, and assessed punishment at ten years of confinement.

Hardy'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 June 7, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from 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.

AFFIRMED.

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DAVID GAULTNEY

Justice

Submitted on September 28, 2007

Opinion Delivered October 10, 2007

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.

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