Court of Civil Appeals of Texas, 2014

Jason David Winfree v. State

Jason David Winfree v. State
Court of Civil Appeals of Texas · Decided June 11, 2014

Jason David Winfree v. State

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00540-CR ____________________ JASON DAVID WINFREE, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 10-10484 ________________________________________________________ _____________ MEMORANDUM OPINION Jason David Winfree pleaded guilty under a plea agreement to the third- degree felony offense of indecency with a child, enhanced by a prior felony conviction. See Tex. Penal Code Ann. §§ 21.11(a)(2) (West 2011); 12.42(a) (West Supp. 2013). The trial court deferred adjudication of guilt, assessed a fine of $500, and placed Winfree on unadjudicated community supervision for ten years. The State filed a motion to revoke community supervision. Winfree pleaded “true” to violations of his supervision. Finding Winfree violated the terms of his community supervision, the trial court revoked Winfree’s supervision, adjudicated his guilt, and sentenced him to twenty years in prison.

Winfree’s appellate counsel filed a brief that presents counsel’s professional evaluation of the record and concludes there are no arguable points of error. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for Winfree to file a pro se response. We received no response from Winfree.

We have independently reviewed the clerk’s record and reporter’s record to determine whether there are arguable grounds which might support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-28 (Tex. Crim. App. 2005); Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). We have found none.

Therefore, it is unnecessary to order appointment of new counsel to re-brief Winfree’s appeal. See Bledsoe, 178 S.W.3d at 826-28; compare Stafford, 813 S.W.2d at 511.

We affirm the trial court’s judgment.

AFFIRMED. _________________________ LEANNE JOHNSON Justice Submitted on May 15, 2014 Opinion Delivered June 11, 2014 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ.

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