Joshua David Olvera v. State

• Court: Court of Appeals of Texas
• Decided: December 10, 2014
• Docket: 09-14-00150-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-14-00150-CR ________________

JOSHUA DAVID OLVERA, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 11-11139 __________________________________________________________________

MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Joshua David Olvera

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

to find Olvera guilty, but deferred further proceedings, placed Olvera on

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

subsequently filed a motion to revoke Olvera’s unadjudicated community

supervision. Olvera pleaded “true” to three violations of the conditions of his

community supervision. The trial court found that Olvera violated the conditions of

1 his community supervision, found Olvera guilty of aggravated robbery, and

assessed punishment at twenty years of confinement.

Olvera’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 August 13, 2014, we granted an extension of time for Olvera to file a

pro se brief. We received no response from Olvera. 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. 1

AFFIRMED.

___________________________ STEVE McKEITHEN Chief Justice

Submitted on November 13, 2014 Opinion Delivered December 10, 2014 Do Not Publish

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

1 Olvera may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2