v.
State
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-17-00455-CR
TRAEVON RAJAHD WHITE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 1A District Court
Jasper County, Texas
Trial Cause No. 12918JD
MEMORANDUM OPINION
In this appeal, Traevon Rajahd White’s 1 court-appointed counsel submitted a brief in which counsel contends that no arguable grounds can be advanced to support White’s appeal from his conviction for tampering with physical evidence.[2] Based on our review of the record, we agree that no arguable issues exist to support White’s appeal.
On appeal, White’s counsel filed an Anders brief presenting counsel’s professional evaluation of the record. In the brief, counsel concludes that he is unable to raise any arguable issues in White’s appeal.[3] After counsel submitted the Anders brief, we granted an extension of time so that White could file a pro se response. White, however, did not file one.
In 2016, and based on the terms of a plea agreement, the appellate record shows that White pleaded guilty to the crime of tampering with physical evidence.[4] White pleaded guilty in return for the agreements he made with the prosecutor in a plea bargain. In carrying out the plea agreement, the trial court deferred finding White guilty of tampering with physical evidence and placed him on community supervision for a period of five years.
In May 2017, the State filed a motion to revoke the trial court’s deferred- adjudication order. In its motion, the State alleged that White had violated the conditions of the trial court’s deferred-adjudication order in six different ways, which the State’s motion described.[5] In November 2017, the trial court conducted a hearing on the State’s amended motion. During the hearing, White pleaded “true” to all the violations advanced by the State in its amended motion. After White and one other witness testified on his behalf, the trial court found White violated the conditions of the court’s deferred-adjudication order, found White guilty of tampering with physical evidence, and then sentenced White to prison for five years. [6]
After reviewing the appellate record and the Anders brief filed by White’s counsel, we agree with counsel’s conclusion that White cannot raise any arguable issues to support an appeal. We conclude that his appeal is frivolous. [7] Thus, we need not appoint new counsel to re-brief White’s appeal. [8] Accordingly, the trial court’s judgment is affirmed. [9]
AFFIRMED.
_________________________ HOLLIS HORTON Justice Submitted on December 19, 2018 Opinion Delivered March 13, 2019 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.