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Johnson v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 11, 2007
No. 05-06-01593-CR, 05-06-01594-CR (Tex. App. Sep. 11, 2007)

Opinion

No. 05-06-01593-CR, 05-06-01594-CR

Opinion Filed September 11, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause Nos. F04-53199-LH, F04-53200-LH.

Before Justices WRIGHT, RICHTER, and LANG.


MEMORANDUM OPINION


Donald Ray Johnson waived a jury and pleaded guilty to two counts of aggravated assault with a deadly weapon, a knife. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on six years' community supervision, and assessed a $1000 fine in each case. The State later moved to proceed with adjudication, alleging appellant violated the terms of his community supervision. The trial court found the allegations true, adjudicated appellant guilty, and assessed punishment at twenty-five years' imprisonment in each case. Appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court's judgment in each case.


Summaries of

Johnson v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 11, 2007
No. 05-06-01593-CR, 05-06-01594-CR (Tex. App. Sep. 11, 2007)
Case details for

Johnson v. State

Case Details

Full title:DONALD RAY JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 11, 2007

Citations

No. 05-06-01593-CR, 05-06-01594-CR (Tex. App. Sep. 11, 2007)