Kenneth Pierce Swann v. State

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-02-486 CR

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KENNETH PIERCE SWANN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 86102

MEMORANDUM OPINION

Kenneth Pierce Swann entered a non-negotiated guilty plea to an indictment for the state jail felony offense of forgery. See Tex. Pen. Code Ann. § 32.21 (b),(d) (Vernon 2003). The trial court convicted and sentenced Swann to two years of confinement in the Texas Department of Criminal Justice, State Jail Division.

Appellate counsel filed a brief that 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 March 6, 2003, Swann was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.4.

As there was no plea bargain agreement, we have jurisdiction over the appeal. Jack v. State, 871 S.W.2d 741 (Tex. Crim. App. 1994). ⁽¹⁾ It appears the appellant was duly admonished. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon 1989 & Supp. 2003). Swann signed a judicial confession and admitted his guilt in open court. He does not contest the voluntariness of his guilty plea.

We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.

AFFIRMED.

PER CURIAM

Submitted on June 30, 2003

Opinion Delivered July 16, 2003

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Swann pleaded guilty after the trial court rejected a plea bargain agreement.