Peter Breaux v. State
Peter Breaux v. State
Opinion
In The Court of Appeals Ninth District of Texas at Beaumont _____________________ NO. 09-13-00046-CR _____________________ PETER BREAUX, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 09-07735 __________________________________________________________________ MEMORANDUM OPINION In this appeal, we conclude that no arguable issues support Peter Breaux’s appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). In carrying out a plea bargain agreement, Peter Breaux pled guilty to burglary of a habitation. See Tex. Penal Code Ann. § 30.02(a)(3) (West 2011).
Under the terms of Breaux’s plea agreement, the trial court deferred the
adjudication of Breaux’s guilt, placed Breaux on community supervision for ten years, and assessed a fine of $1,000.
Subsequently, by motion, the State asked the trial court to revoke its community supervision order and to find Breaux guilty of burglarizing a habitation. After a hearing, the trial court found Breaux guilty, sentenced Breaux to serve ten years in prison, and imposed a $1,000 fine.
On appeal, Breaux’s counsel filed a brief, which presents counsel’s professional evaluation of the record and concludes that Breaux’s appeal is frivolous. See Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807 (Tex. Crim.
App. 1978). We granted an extension of time to allow Breaux to file a pro se brief, but he did not do so. After reviewing the appellate record, we agree with counsel’s conclusion that no arguable issues support Breaux’s appeal. Consequently, we need not order the appointment of new counsel to re-brief Breaux’s appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment. 1 AFFIRMED.
Breaux may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. ___________________________ HOLLIS HORTON Justice Submitted on June 21, 2013 Opinion Delivered July 10, 2013 Do Not Publish Before Gaultney, Kreger, and Horton, JJ.
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