Court of Civil Appeals of Texas, 2008

Tommy Johnson v. State

Tommy Johnson v. State
Court of Civil Appeals of Texas · Decided July 16, 2008

Tommy Johnson v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-07-550 CR

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TOMMY JOHNSON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 91310




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Tommy Johnson pled guilty to unauthorized use of a motor vehicle. On March 28, 2005, the trial court found the evidence sufficient to find Johnson guilty, but deferred further proceedings, placed Johnson on community supervision for two years, and assessed a fine of $500. On March 1, 2007, the State filed a motion to revoke Johnson's unadjudicated community supervision. Johnson pled "true" to five violations of the conditions of his community supervision, found Johnson guilty of unauthorized use of a motor vehicle, and assessed punishment at eighteen months of confinement in a state jail facility.

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 March 13, 2008, 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 affirm the trial court's judgment. (1)

AFFIRMED.

__________________________________

CHARLES KREGER

Justice

Submitted on June 26, 2008

Opinion Delivered July 16, 2008

Do not publish



Before Gaultney, Kreger, and Horton, JJ.

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

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