Pursuant to a plea bargain agreement, appellant Christopher Eugene Stelly a/k/a Chris Stelly pled guilty to indecency with a child. On October 29, 2007, the trial court found the evidence sufficient to find Stelly guilty, but deferred further proceedings, placed Stelly on community supervision for five years, and assessed a fine of $500. On January 22, 2008, the State filed a motion to revoke Stelly's unadjudicated community supervision. Stelly pled "true" to two violations of the conditions of his community supervision. The trial court found that Stelly violated the conditions of his community supervision, found Stelly guilty of indecency with a child, and assessed punishment at twenty years of confinement.

Stelly'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 July 24, 2008, we granted an extension of time for appellant to file a pro se brief. Appellant did not file a response. 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 11, 2009

Opinion Delivered February 25, 2009

Do Not Publish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.