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Johnson v. State

Court of Appeals of Texas, First District, Houston
Jul 12, 2007
No. 01-06-01050-CR (Tex. App. Jul. 12, 2007)

Opinion

No. 01-06-01050-CR

Opinion issued July 12, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 174th District Court Harris County, Texas, Trial Court Cause No. 1046658.

Panel consists of Justices TAFT, JENNINGS, and ALCALA.


MEMORANDUM OPINION


Appellant, Joseph Jerome Johnson, pleaded guilty to the offense of aggravated robbery, and the trial court, after a pre-sentence investigation hearing, assessed his punishment at confinement for 10 years. We affirm. Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex.Crim.App. 1978). Counsel represents that he has 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. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex.Crim.App. 2005). We affirm the judgment of the trial court and grant counsel's motion to withdraw.

Appointed counsel still has a duty to inform appellant of the result of this appeal and that she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005).


Summaries of

Johnson v. State

Court of Appeals of Texas, First District, Houston
Jul 12, 2007
No. 01-06-01050-CR (Tex. App. Jul. 12, 2007)
Case details for

Johnson v. State

Case Details

Full title:JOSEPH JEROME JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 12, 2007

Citations

No. 01-06-01050-CR (Tex. App. Jul. 12, 2007)