Lebaron Mikhail Davis v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 2, 2023
• Docket: 09-23-00018-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________ NO. 09-23-00018-CR ________________

LEBARON MIKHAIL DAVIS, Appellant

V.

THE STATE OF TEXAS, Appellee

________________________________________________________________________

On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CR29661 ________________________________________________________________________

MEMORANDUM OPINION

A jury found Appellant Lebaron Mikhail Davis guilty of Sexual Assault of a

Child and sentenced him to ten years’ incarceration to be probated for ten years

because this was his first felony offense. See Tex. Penal Code Ann. § 22.011(a)(2).

Subsequently, the State filed motions to revoke Davis’s community

supervision. Davis pleaded “true” to violating two terms of the community

supervision order. After conducting an evidentiary hearing, the trial court found the

1 evidence was sufficient in both cases to find that Davis violated the terms of his

community supervision. The trial court revoked Davis’s community supervision and

assessed punishment at six years of confinement.

Davis’s appellate counsel filed an Anders brief that present counsel’s

professional evaluation of the records 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 March 6, 2023, we granted an extension of time for Davis to

file a pro se brief, and notified him of the deadline for doing so. We received no

response from Davis.

We have reviewed the appellate records, and we agree with counsel’s

conclusion that no arguable issues supports the appeal. Therefore, we find it

unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford

v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s

judgment.1

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

________________________________ JAY WRIGHT Justice

Submitted on July 7, 2023 Opinion Delivered August 2, 2023 Do Not Publish

Before Golemon, C.J., Johnson and Wright, JJ.