Court of Civil Appeals of Texas, 2008

Phillip Michael Johnson v. State of Texas

Phillip Michael Johnson v. State of Texas
Court of Civil Appeals of Texas · Decided November 13, 2008

Phillip Michael Johnson v. State of Texas

Opinion

Opinion filed November 13, 2008

In The

Eleventh Court of Appeals __________ No. 11-07-00350-CR __________ PHILLIP MICHAEL JOHNSON, Appellant V. STATE OF TEXAS, Appellee

On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CR18825

MEMORANDUM OPINION The jury convicted Phillip Michael Johnson of aggravated robbery and assessed his punishment at confinement for twenty-seven years. We affirm.

Appellant’s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous. Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel’s brief. A response has not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App.—Eastland 2005, no pet.).

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit. We note that counsel has the responsibility to advise appellant that he may file a petition for discretionary review by the Texas Court of Criminal Appeals.

Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006). Likewise, this court advises appellant that he may file a petition for discretionary review pursuant to TEX . R. APP . P. 66. Black v. State, 217 S.W.3d 687 (Tex. App.—Eastland 2007, no pet.).

The motion to withdraw is granted, and the judgment is affirmed.

PER CURIAM

November 13, 2008 Do not publish. See TEX . R. APP . P. 47.2(b).

Panel consists of: Wright, C.J., McCall, J., and Strange, J.

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