Ernest Varrien Burns Jr. v. State

• Court: Court of Appeals of Texas
• Decided: December 10, 2014
• Docket: 09-14-00248-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-14-00248-CR ________________

ERNEST VARRIEN BURNS JR., Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 11-11968 __________________________________________________________________

MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Ernest Varrien Burns Jr.1

pleaded guilty to aggravated robbery. The trial court found the evidence sufficient

to find Burns guilty, but deferred further proceedings, placed Burns on community

supervision for seven years, and assessed a fine of $500. The State subsequently

filed a motion to revoke Burns’s unadjudicated community supervision. Burns

1 The trial court’s judgment indicates that Burns is also known as “Pinto” and “Ernest Varrien Burns[.]” 1 pleaded “true” to three violations of the conditions of his community supervision.

The trial court found that Burns violated the conditions of his community

supervision, found Burns guilty of aggravated robbery, and assessed punishment at

ten years of confinement.

Burns’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). On July 28, 2014, we granted an extension of time for Burns to file a pro se

brief. We received no response from Burns. We 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. 2

AFFIRMED.

_________________________ STEVE McKEITHEN Chief Justice

2 Burns may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2 Submitted on November 3, 2014 Opinion Delivered December 10, 2014 Do Not Publish

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