David Doyle v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-04-364 CR ____________________

DAVID WAYNE DOYLE, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 89029

---

MEMORANDUM OPINION

Appellant David Wayne Doyle pled guilty to credit card abuse. See Tex. Pen. Code Ann. § 32.31(b)(1)(A) (Vernon Supp. 2005). The trial court sentenced Doyle to two years' confinement in the Texas Department of Criminal Justice, State Jail Division probated for four years and assessed a $1000 fine. The State filed a motion to revoke community supervision, alleging Doyle violated the terms of the community supervision order. Doyle pled "true" to the allegations. The trial court found Doyle violated the terms of the supervision order, entered a revocation order, and sentenced Doyle to two years in state jail. Doyle appeals the trial court's judgment revoking community supervision.

The brief filed by Doyle's appellate counsel concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On April 29, 2005, we granted an extension of time for Doyle to file a pro se brief. We received no response from Doyle.

We have reviewed the entire record, and find no error that will arguably 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). The judgment is affirmed.

AFFIRMED.

___________________________

HOLLIS HORTON

Justice

Submitted on July 11, 2005

Opinion Delivered July 27, 2005

Do Not Publish

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