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Johnson v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 19, 2004
No. 14-03-01416-CR (Tex. App. Aug. 19, 2004)

Opinion

No. 14-03-01416-CR

Opinion filed August 19, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 56th District Court, Galveston County, Texas, Trial Court Cause No. 98CR0794.

Affirmed.

Panel consists of Justices YATES, EDELMAN, and GUZMAN.


MEMORANDUM OPINION


Appellant entered a guilty plea to conspiracy to commit aggravated assault and was placed on three years' deferred adjudication probation on August 20, 2001. The trial court revoked his deferred adjudication probation and, on November 19, 2003, the trial court sentenced appellant to confinement for five years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a written notice of appeal.

Appellant's appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit as to any issue "unrelated" to appellant's conviction. See Vidaurri v. State, 49 S.W.3d 880, 885 (Tex.Crim.App. 2001). Counsel also notes that this court has no jurisdiction over an appeal from a trial court's decision to adjudicate guilt. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978).

A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and no motion to review the record or pro se response has been filed.

We agree the appeal of issues unrelated to conviction is wholly frivolous and without merit. Additionally, we do not have jurisdiction to hear an appeal related to the conviction. Vidaurri, 49 S.W.3d at 884. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the State.

Accordingly, the judgment of the trial court is affirmed.


Summaries of

Johnson v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 19, 2004
No. 14-03-01416-CR (Tex. App. Aug. 19, 2004)
Case details for

Johnson v. State

Case Details

Full title:MARVIN JOHNSON, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Aug 19, 2004

Citations

No. 14-03-01416-CR (Tex. App. Aug. 19, 2004)