Morris J. Kirschberg v. Kathleen Anne Fletcher--Appeal from County Court at Law No 7 of Bexar County

SUPREME COURT CASES

Laws-info.com » Cases » Texas » 4th District Court of Appeals » 1999 » Morris J. Kirschberg v. Kathleen Anne Fletcher--Appeal from County Court at Law No 7 of Bexar County

State: Texas

Court: Texas Northern District Court

Docket No: 04-99-00126-CV

Case Date: 11/10/1999

Plaintiff: Jonathan Edward Chandler

Defendant: The State of Texas--Appeal from 124th District Court of Gregg County

Preview:Chisum Rains Valley v. The State of Texas--Appeal from 29th District Court of Palo Pinto County
Opinion filed June 29, 2006 Opinion filed June 29, 2006 In The Eleventh Court of Appeals __________ Nos. 11-06-00008-CR & 11-06-00009-CR __________ CHISUM RAINS VALLEY, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 29th District Court Palo Pinto County, Texas Trial Court Cause Nos. 12269 & 12295 OPINION These are appeals from judgments revoking community supervision. We affirm. In Cause No. 11-06-00008-CR, Chisum Rains Valley was originally convicted, upon his plea of guilty, of the offense of burglary of a habitation. Punishment was assessed at confinement for eight years and a $4,000 fine. However, the trial court suspended the imposition of the confinement portion of the sentence and placed appellant on community supervision for eight years. In Cause No. 11-06-00009-CR, appellant was originally convicted, upon his plea of guilty, of the offense of theft. Punishment was assessed at confinement in a state jail facility for twenty-four months. However, the trial court suspended the imposition of the sentence and placed appellant on community supervision for five years.

In each case, the State filed motions to revoke. The motions were heard in a joint hearing. Appellant entered a plea of not true to the first allegation in each motion and pleas of true to the remaining allegations in each motion. The trial court found the allegations to be true and revoked appellant=s community supervision in each case. In Cause No. 1106-00008-CR, the trial court imposed a sentence of confinement for eight years. In Cause No. 11-06-00009-CR, the trial court imposed a sentence of confinement for two years in a state jail facility. In each case, appellant=s court-appointed counsel has filed a motion to withdraw. The motions are supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeals are frivolous. Counsel has provided appellant with a copy of the briefs and advised
file:///C|/Users/Peter/Desktop/opinions/PDFs1/8311.html[8/20/2013 7:28:44 PM]

appellant of his right to review the record and file a response to counsel=s briefs. Responses have not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.). Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeals are without merit. We note that proof of one violation of the terms and conditions of community supervision is sufficient to support the revocations. McDonald v. State, 608 S.W.2d 192 (Tex. Crim. App. 1980); Taylor v. State, 604 S.W.2d 175 (Tex. Crim. App. 1980); Moses v. State, 590 S.W.2d 469 (Tex. Crim. App. 1979). A plea of true alone is sufficient to support the trial court=s determinations to revoke. Moses, 590 S.W.2d 469; Cole v. State, 578 S.W.2d 127 (Tex. Crim. App. 1979). The motions to withdraw are granted, and the judgments are affirmed. PER CURIAM June 29, 2006 Do not publish. See Tex. R. App. P. 47.2(b). Panel consists of: Wright, C.J., and McCall, J., and Strange, J.

file:///C|/Users/Peter/Desktop/opinions/PDFs1/8311.html[8/20/2013 7:28:44 PM]

Download 8311.pdf