Court of Civil Appeals of Texas, 2007

Lawrence Wayne Semien v. State

Lawrence Wayne Semien v. State
Court of Civil Appeals of Texas · Decided April 18, 2007

Lawrence Wayne Semien v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



______________________

NO. 09-06-194 CR

______________________

LAWRENCE WAYNE SEMIEN, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 87673




MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Lawrence Wayne Semien pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Semien guilty, but deferred further proceedings, placed Semien on community supervision for five years, and assessed a fine of $500. On February 22, 2006 , the State filed a motion to revoke Semien's unadjudicated community supervision. Semien pled true to violating one of the conditions of the community supervision order. The trial court found that Semien violated the conditions of his community supervision, found Semien guilty of burglary of a habitation, and assessed punishment at six years of confinement.

Semien'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). Appellant did not file a pro se brief. 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 April 6, 2007

Opinion Delivered April 18, 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Do not publish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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