Acquanette Franchel Johnson v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-02-022 CR

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ACQUANETTE FRANCHEL JOHNSON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 359th District Court

Montgomery County, Texas

Trial Cause No. 99-07-04201-CR




MEMORANDUM OPINION

Acquanette Franchel Johnson pleaded guilty to the state jail felony offense of forgery. See Tex. Pen. Code Ann. § 32.21(d) (Vernon Supp. 2003). The trial court deferred adjudication of guilt and placed Johnson on community supervision for three years. After pleading "true" to violating the terms of the community supervision order, Johnson was convicted and sentenced to eighteen months of confinement in a state jail facility.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On October 10, 2002, Johnson was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.4.

Johnson cannot raise error relating to the plea proceeding in this appeal, nor may she appeal the trial court's decision to adjudicate guilt. Manuel v. State,  994 S.W.2d 658, 661 (Tex. Crim. App. 1999); Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999). Johnson had an opportunity to present punishment evidence during the proceedings. See Pearson v. State, 994 S.W.2d 176, 179 (Tex. Crim. App. 1999).

We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.

AFFIRMED.

PER CURIAM

Submitted on February 4, 2003

Opinion Delivered February 12, 2003

Do Not Publish



Before McKeithen, C.J., Burgess and Gaultney, JJ.