Court of Civil Appeals of Texas, 2009

James Kenneth Rawlinson v. State

James Kenneth Rawlinson v. State
Court of Civil Appeals of Texas · Decided May 6, 2009

James Kenneth Rawlinson v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

____________________



NO. 09-08-00341-CR

NO. 09-08-00342-CR

____________________



JAMES KENNETH RAWLINSON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause Nos. 98094 and 98095




MEMORANDUM OPINION

Pursuant to plea bargain agreements, appellant James Kenneth Rawlinson pled guilty to forgery and debit card abuse. In each case, the trial court found the evidence was sufficient to find Rawlinson guilty, but deferred finding him guilty, placed him on community supervision for four years, assessed a fine of $500, and ordered Rawlinson to pay restitution. The State subsequently filed a motion to revoke Rawlinson's unadjudicated community supervision in each case. In both cases, Rawlinson pled "true" to two violations of the terms of his community supervision. In each case, the trial court found that Rawlinson violated the conditions of his community supervision, assessed punishment at eighteen months of confinement in a state jail facility, and ordered that the sentences were to run concurrently.

Rawlinson's appellate counsel filed a brief in each case that presents counsel's professional evaluation and concludes the appeals are 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 January 8, 2009, we granted an extension of time for appellant to file a pro se brief in each case. We received no response from the appellant. We have reviewed the appellate records, and we agree with counsel's conclusion that no arguable issues support these appeals. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeals. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgments. (1)

AFFIRMED.

_________________________________

STEVE McKEITHEN

Chief Justice



Submitted on April 17, 2009

Opinion Delivered May 6, 2009

Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.

1. Appellant may challenge our decision in these cases 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.