Gregory Dwight Johnson v. State

Court: Court of Appeals of Texas
Date filed: 2007-06-06
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In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-07-037 CR

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GREGORY DWIGHT JOHNSON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 98682




MEMORANDUM OPINION

Without a plea bargain, appellant Gregory Dwight Johnson pled guilty to burglary of a building. The trial court sentenced Johnson to two years 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 February 8, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from the 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). The judgment is affirmed. (1)

AFFIRMED.



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STEVE McKEITHEN

Chief Justice





Submitted on May 29, 2007

Opinion Delivered June 6, 2007

Do Not Publish



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

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