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Johnson v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 21, 2009
No. 09-08-00332-CR (Tex. App. Oct. 21, 2009)

Opinion

No. 09-08-00332-CR

Submitted on October 15, 2009.

Opinion Delivered October 21, 2009. DO NOT PUBLISH.

On Appeal from the Criminal District Court, Jefferson County, Texas, Trial Cause No. 07-02051.

Before GAULTNEY, KREGER, and HORTON, JJ.


MEMORANDUM OPINION


A jury found appellant Mardry Ann Johnson guilty of murder and assessed punishment at twenty years of imprisonment and a $10,000 fine. Johnson'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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On May 28, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from appellant. We 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 note that in the section entitled "Plea to Offense[,] the trial court's judgment incorrectly states he pled "Guilty[.]" We delete this language and substitute" "Not Guilty" in its place. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993). We affirm the trial court's judgment as reformed. AFFIRMED AS REFORMED.

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


Summaries of

Johnson v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 21, 2009
No. 09-08-00332-CR (Tex. App. Oct. 21, 2009)
Case details for

Johnson v. State

Case Details

Full title:MARDRY ANN JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Oct 21, 2009

Citations

No. 09-08-00332-CR (Tex. App. Oct. 21, 2009)