Dustin Kurt Terro, Appellant v. The State of Texas, Appellee (2014)

MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Dustin Kurt Terro pleaded guilty to felony driving while intoxicated.¹  The trial court found Terro guilty and assessed punishment at eight years of confinement, then suspended imposition of sentence, placed Terro on community supervision for eight years, and assessed a fine of $1000.   The State subsequently filed a motion to revoke Terro's community supervision.   Terro pleaded “true” to four violations of the terms of the community supervision order.   The trial court found that Terro violated the terms of the community supervision order, revoked Terro's community supervision, and imposed a sentence of four years of confinement.

Terro'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 18, 2014, we granted an extension of time for Terro to file a pro se brief.   We received no response from Terro.

We have 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.

FOOTNOTES

1.   The indictment alleged that Terro had two prior misdemeanor convictions for driving while intoxicated.

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

STEVE McKEITHEN, Chief Justice