Eric Gerard v. State
Eric Gerard v. State
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Do not publish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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.