John Pitt v. State

In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-16-00076-CR _________________ JOHN PITT, Appellant V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CR27837

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MEMORANDUM OPINION Pursuant to a plea bargain agreement, John Pitt entered a plea of nolo contendere to the offense of theft, a state jail felony. The trial court found Pitt guilty of the charge as alleged in the indictment, sentenced Pitt to two years confinement, but suspended his sentence and placed Pitt on community supervision for five years and assessed a fine of $500. The State subsequently filed a motion to revoke Pitt’s unexpired community supervision, alleging four violations of the conditions of his community supervision. Pitt pled “true” to violating the four conditions of his community supervision. After a hearing on the State’s motion to revoke, the trial court found that Pitt violated the conditions of his community supervision, revoked Pitt’s community supervision, and sentenced Pitt to two years in state jail.

Pitt’s appellate counsel filed an Anders brief. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978). Counsel’s brief presents his professional evaluation of the record and concludes there are no arguable grounds to be advanced in this appeal. Counsel provided Pitt with a copy of his Anders brief. We granted an extension of time for Pitt to file a pro se brief, but we received no response from Pitt.

We have independently reviewed the clerk’s record and the reporter’s record, and we agree with Pitt’s appellate counsel that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief Pitt’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.

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CHARLES KREGER

Justice Submitted on August 1, 2016 Opinion Delivered September 7, 2016 Do not publish Before Kreger, Horton, and Johnson, JJ.