Court of Civil Appeals of Texas, 2007

Kathleen D. Cole v. State

Kathleen D. Cole v. State
Court of Civil Appeals of Texas · Decided August 29, 2007

Kathleen D. Cole v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



______________________

NO. 09-06-278 CR

______________________

KATHLEEN D. COLE, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 88947




MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Kathleen D. Cole pled guilty to forgery. The trial court found the evidence sufficient to find Cole guilty, but deferred further proceedings, placed Cole on community supervision for three years, and assessed a fine of $500. On March 20, 2006, the State filed a motion to revoke Cole's unadjudicated community supervision. Cole pled "true" to two violations of the conditions of her community supervision. The trial court found that Cole violated the conditions of her community supervision, found Cole guilty of forgery, and assessed punishment at eighteen months of confinement in a state jail facility.

Cole'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 May 24, 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. (1)

AFFIRMED.



DAVID GAULTNEY

Justice



Submitted on August 21, 2007

Opinion Delivered August 29, 2007

Do Not Publish



Before McKeithen, C.J., Gaultney 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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