Pursuant to a plea bargain agreement, appellant Brandon Paul Dies pled no contest to sexual assault of a child. On June 6, 2005, the trial court found the evidence sufficient to find Dies guilty, but deferred further proceedings and placed Dies on community supervision for ten years. On August 16, 2007, the State filed a motion to revoke Dies's unadjudicated community supervision. Dies pled "true" to four violations of the conditions of his community supervision. The trial court found that Dies violated the conditions of his community supervision, found Dies guilty of sexual assault of a child, and assessed punishment at ten years of confinement.

Dies'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 October 2, 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 February 11, 2009

Opinion Delivered February 25, 2009

Do not publish

Before McKeithen, C.J., 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.