Pursuant to a plea bargain agreement, appellant Jonathan Latroy Batiste pled guilty to sexual assault. The trial court found the evidence sufficient to find Batiste guilty, but deferred further proceedings, placed Batiste on community supervision for ten years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Batiste's unadjudicated community supervision. Batiste pled "true" to seven violations of the conditions of his community supervision. The trial court found that Batiste violated the conditions of his community supervision, found Batiste guilty of sexual assault, and assessed punishment at eleven years of confinement.

Batiste'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 September 3, 2009, 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 9, 2010

Opinion Delivered February 17, 2010

Do not publish

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

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.