Court of Civil Appeals of Texas, 2008

Henry Lee Harmon v. State

Henry Lee Harmon v. State
Court of Civil Appeals of Texas · Decided April 16, 2008

Henry Lee Harmon v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-07-340 CR

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HENRY LEE HARMON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 90849




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Henry Lee Harmon pled guilty to unauthorized use of a motor vehicle. On August 9, 2004, the trial court found the evidence sufficient to find Harmon guilty, but deferred further proceedings, placed Harmon on community supervision for five years, and assessed a fine of $500. On April 27, 2007, the State filed a motion to revoke Harmon's unadjudicated community supervision. Harmon pled "true" to one violation of the conditions of his community supervision. The trial court found that Harmon violated the conditions of his community supervision, found Harmon guilty of unauthorized use of a motor vehicle, and assessed punishment at twelve months of confinement in a state jail facility.

Harmon'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 December 20, 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.

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CHARLES KREGER

Justice

Submitted on April 8, 2008

Opinion Delivered April 16, 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Do not publish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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