From Casetext: Smarter Legal Research

Johnson v. State

Court of Appeals of Texas, First District, Houston
Mar 3, 2005
No. 01-03-00634-CR (Tex. App. Mar. 3, 2005)

Opinion

No. 01-03-00634-CR

Opinion issued March 3, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 178th District Court, Harris County, Texas, Trial Court Cause No. 929487.

Panel consists of Justices TAFT, KEYES, and HANKS.


MEMORANDUM OPINION


Appellant, Michael Dashaun Johnson, was convicted by a jury of burglary of a habitation and entered into a plea agreement with the State as to punishment. Appellant pleaded true to the allegations in two enhancement paragraphs that he had prior felony convictions in exchange for the State's recommendation of confinement for 40 years. The trial court sentenced appellant to 40 years' confinement. We affirm. Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd). Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is without merit. We therefore affirm the judgment of the trial court. We grant counsel's motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex.App.-Houston [1st Dist.] 2000, no pet.).

As part of the same agreement, the State moved to dismiss cause number 930731, and appellant pleaded guilty in cause number 929488. The trial court sentenced appellant to confinement for 40 years in that case, to run concurrently with the sentence in the present case.

Counsel has a duty to inform appellant of the result of his appeal and also to inform him that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).


Summaries of

Johnson v. State

Court of Appeals of Texas, First District, Houston
Mar 3, 2005
No. 01-03-00634-CR (Tex. App. Mar. 3, 2005)
Case details for

Johnson v. State

Case Details

Full title:MICHAEL DASHAUN JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 3, 2005

Citations

No. 01-03-00634-CR (Tex. App. Mar. 3, 2005)