Court of Civil Appeals of Texas, 2007

Cody Dwayne Curtis v. State

Cody Dwayne Curtis v. State
Court of Civil Appeals of Texas · Decided February 28, 2007

Cody Dwayne Curtis v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-06-224 CR

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CODY DWAYNE CURTIS, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 90754




MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Cody Dwayne Curtis pled guilty to sexual assault of a child. The trial court found the evidence sufficient to find Curtis guilty, but deferred further proceedings, placed Curtis on probation for seven years, assessed a fine of $1,000, and ordered Curtis to serve one hundred twenty days of "up front" time. On March 31, 2006, the State filed a motion to revoke Curtis's unadjudicated probation. Curtis pled "true" to two violations of the conditions of his probation. The trial court found that Curtis violated the conditions of his probation, found Curtis guilty of sexual assault of a child, and assessed punishment at fifteen years of imprisonment.

Curtis'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). 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.

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HOLLIS HORTON

Justice

Submitted on February 13, 2007

Opinion Delivered February 28, 2007

Do Not Publish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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