Chad William Derese v. State

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-16-00040-CR NO. 09-16-00041-CR ________________

CHAD WILLIAM DERESE, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause Nos. 13-17169, 13-17170 __________________________________________________________________

MEMORANDUM OPINION

Pursuant to plea bargain agreements, appellant Chad William Derese

pleaded guilty as a habitual offender to robbery and evading arrest or detention

with a motor vehicle. In each case, the trial court found the evidence sufficient to

find Derese guilty, but deferred further proceedings, placed Derese on community

supervision for ten years, and assessed a fine of $1000. The State subsequently

filed a motion to revoke Derese’s unadjudicated community supervision in each

1 case. In both cases, Derese pleaded “true” to several violations of the conditions of

his community supervision. In each case, the trial court found that Derese had

violated the conditions of his community supervision, found Derese guilty of

robbery and evading arrest, and assessed punishment at twenty-five years of

confinement in each case. The trial court ordered that the sentences would run

concurrently.

Derese’s appellate counsel filed briefs that present counsel’s professional

evaluation of the records and conclude the appeals are frivolous. See Anders v.

California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App.

1978). On June 8, 2016, we granted an extension of time for Derese to file pro se

briefs. We received no response from Derese. We have reviewed the appellate

records, and we agree with counsel’s conclusion that no arguable issues support the

appeals. Therefore, we find it unnecessary to order appointment of new counsel to

re-brief the appeals. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App.

1991). We affirm the trial court’s judgments. 1

1 Derese may challenge our decision in these cases by filing petitions for discretionary review. See Tex. R. App. P. 68. 2 AFFIRMED.

________________________________ STEVE McKEITHEN Chief Justice

Submitted on September 8, 2016 Opinion Delivered October 5, 2016 Do Not Publish

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