Kenneth Thomas v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont ________________

NO. 09-16-00193-CR ________________

KENNETH THOMAS, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas

Trial Cause No. 12-13358 __________________________________________________________________ MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Kenneth Thomas 1 pleaded guilty to burglary of a habitation. The trial court found the evidence sufficient to find Thomas guilty, but deferred further proceedings, placed Thomas on community supervision for four years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Thomas’s unadjudicated community supervision. Thomas pleaded “true” to four violations of the conditions of his community supervision. The trial court found that Thomas had violated the conditions of his community supervision, found Thomas guilty of burglary of a habitation, and assessed punishment at seven years of confinement.

Thomas’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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On October 6, 2016, we granted an extension of time for Thomas to file a pro se brief. We received no response from Thomas. We have reviewed the appellate record, and we agree with counsel’s conclusion that no arguable issues support the appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment. 2 AFFIRMED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on December 27, 2016

Opinion Delivered December 28, 2016

Do Not Publish

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