Michael J. Guidry v. State ( 2013 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-13-00035-CR
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MICHAEL J. GUIDRY, Appellant
V.
THE STATE OF TEXAS, Appellee
_________________________________________________________________ _
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 12-13308
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MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Michael J. Guidry pleaded
guilty to the lesser-included offense of robbery after being indicted for aggravated
robbery. The trial court found the evidence sufficient to find Guidry guilty, but
deferred further proceedings, placed Guidry on community supervision for seven
years, and assessed a fine of $500. The State subsequently filed a motion to revoke
Guidry’s unadjudicated community supervision. Guidry pleaded “true” to two
violations of the conditions of his community supervision. The trial court found
1
that Guidry violated the conditions of his community supervision, found Guidry
guilty of robbery, and assessed punishment at seventeen years of confinement.
Guidry’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). We granted an extension of time for Guidry to file a pro se brief. We
received no response from Guidry.
We have 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.1
AFFIRMED.
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STEVE McKEITHEN
Chief Justice
Submitted on September 16, 2013
Opinion Delivered September 25, 2013
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.
1
Guidry may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
2