Pursuant to a plea bargain, appellant Alan Keith Moton pled guilty to burglary of a habitation. On January 30, 2006, the trial court found the evidence sufficient to find Moton guilty, but deferred further proceedings, placed Moton on community supervision for five years, ordered Moton to pay restitution in the amount of $1,450, and assessed a $1,000 fine. On March 1, 2007, the State filed a motion to revoke Moton's unadjudicated community supervision. Moton pled "true" to five violations of the conditions of his community supervision. The trial court found that Moton violated the terms of his community supervision, found Moton guilty of burglary of a habitation, and assessed punishment at eight years of confinement.

Moton'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 November 21, 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.

_________________________________

STEVE McKEITHEN

Chief Justice

Submitted on February 27, 2008

Opinion Delivered March 5, 2008

Do Not Publish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.