Jeremy Paul Carrell v. The State of Texas--Appeal from County Court at Law of Walker County

State: Texas

Court: Texas Northern District Court

Docket No: 10-07-00290-CR

Case Date: 10/08/2008

Plaintiff: Robert Lee Highland

Defendant: State of Texas--Appeal from 415th District Court of Parker County

Preview:Paul Daniel Hardy v. The State of Texas--Appeal from 252nd District Court of Jefferson County
In The Court of Appeals Ninth District of Texas at Beaumont ______________________ NO. 09-07-071 CR ______________________ PAUL DANIEL HARDY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 83554 MEMORANDUM OPINION Pursuant to a plea bargain, appellant Paul Daniel Hardy pled guilty to indecency with a child by exposure. On August 13, 2001, the trial court found the evidence sufficient to find Hardy guilty, but deferred further proceedings, placed Hardy on community supervision for five years, and assessed a fine of $500. The trial court amended the terms of Hardy's supervision by requiring him to serve an additional year. On January 3, 2007, the State filed a motion to revoke Hardy's unadjudicated community supervision. Hardy pled "true" to five violations of the conditions of his community supervision. The trial court found that Hardy violated the conditions of his community supervision, found Hardy guilty of indecency with a child by exposure, and assessed punishment at ten years of confinement. Hardy'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 June 7, 2007, 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. AFFIRMED.

_________________________________ DAVID GAULTNEY Justice Submitted on September 28, 2007 Opinion Delivered October 10, 2007 Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.

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