Lonnie James Lewis v. State

• Court: Court of Appeals of Texas
• Decided: August 26, 2015
• Docket: 09-15-00048-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-15-00048-CR ________________

LONNIE JAMES LEWIS, Appellant

V.

THE STATE OF TEXAS, Appellee ____________________________________________________________________

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 10-09786 ____________________________________________________________________

MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Lonnie James Lewis pleaded

no contest to injury to a child as a habitual felony offender. The trial court found

the evidence sufficient to find Lewis guilty but deferred further proceedings,

placed Lewis on community supervision, and assessed a fine of $1000. The State

subsequently filed a motion to revoke Lewis’s unadjudicated community

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

community supervision. The trial court found that Lewis had violated the conditions of his community supervision, found him guilty, and assessed

punishment at twenty-five years of confinement.

Lewis’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 June 11, 2015, we granted an extension of time for Lewis to file a pro se

brief. We received no response from Lewis. We have reviewed the appellate

record, and we agree with counsel’s conclusion that no arguable issues support this

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Submitted on August 17, 2015 Opinion Delivered August 26, 2015 Do Not Publish

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

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