Court of Civil Appeals of Texas, 2011

Johnny Fredrick Henry A/K/A Johnny Fredrick Henry, Jr. v. State of Texas

Johnny Fredrick Henry A/K/A Johnny Fredrick Henry, Jr. v. State of Texas
Court of Civil Appeals of Texas · Decided April 28, 2011

Johnny Fredrick Henry A/K/A Johnny Fredrick Henry, Jr. v. State of Texas

Opinion

Opinion filed April 28, 2011

 

                                                                       In The

                                                                             

  Eleventh Court of Appeals

                                                                   __________

 

                                                         No. 11-10-00383-CR

                                                    __________

 

                              JOHNNY FREDRICK HENRY A/K/A

                        JOHNNY FREDRICK HENRY, JR., Appellant

 

                                                             V.

 

                                      STATE OF TEXAS, Appellee

 

                                    On Appeal from the 29th District Court

 

                                                         Palo Pinto County, Texas

 

                                                      Trial Court Cause No. 14382

 

 

M E M O R A N D U M    O P I N I O N

            The jury convicted Johnny Fredrick Henry a/k/a Johnny Fredrick Henry, Jr. of robbery.  Upon appellant’s plea of “true” to two felonies alleged for enhancement purposes, the jury sentenced appellant to confinement in the Institutional Division of the Texas Department of Criminal Justice for a term of fifty years.  We dismiss the appeal.

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.[1]  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 and Schulman, we have independently reviewed the record, and we agree that the appeal is without merit and should be dismissed.  Schulman, 252 S.W.3d at 409.  In this regard, we note that appellant essentially admitted at trial to the conduct with which he was charged. 

We note that counsel has the responsibility to advise appellant that he may file a petition for discretionary review with the clerk of this court seeking review by the Texas Court of Criminal Appeals.  Tex. R. App. P. 48.4 (“In criminal cases, the attorney representing the defendant on appeal shall, within five days after the opinion is handed down, send his client a copy of the opinion and judgment, along with notification of the defendant’s right to file a pro se petition for discretionary review under Rule 68.”).  Likewise, this court advises appellant that he may file a petition for discretionary review pursuant to Tex. R. App. P. 68. 

The motion to withdraw is granted, and the appeal is dismissed. 

 

                                                                                                PER CURIAM

 

April 28, 2011

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel[2] consists of:  Wright, C.J.,

McCall, J., and Hill, J.[3]

 

 



                [1]By letter, this court granted appellant thirty days in which to exercise his right to file a response to counsel’s brief.

.

[2]Rick Strange, Justice, resigned effective April 17, 2011.  The justice position is vacant pending appointment of a successor by the governor.

 

[3]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.

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