Court of Civil Appeals of Texas, 2008

Eric Gerard v. State

Eric Gerard v. State
Court of Civil Appeals of Texas · Decided October 1, 2008

Eric Gerard v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-08-097 CR

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ERIC GERARD, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 99101




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Eric Gerard pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Gerard guilty, but deferred further proceedings, placed Gerard on community supervision for five years, and assessed a fine of $1,000. On January 18, 2008, the State filed a motion to revoke Gerard's unadjudicated community supervision. Gerard pled "true" to four violations of the conditions of his community supervision. The trial court found that Gerard violated the conditions of his community supervision, found Gerard guilty of burglary of a habitation, and assessed punishment at fifteen years of confinement.

Gerard'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 5, 2008, 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.



__________________________________

CHARLES KREGER

Justice

Submitted on September 24, 2008

Opinion Delivered October 1, 2008

Do not publish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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