Mardry Ann Johnson v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-08-00332-CR

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MARDRY ANN JOHNSON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 07-02051




MEMORANDUM OPINION

A jury found appellant Mardry Ann Johnson guilty of murder and assessed punishment at twenty years of imprisonment and a $10,000 fine. 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 May 28, 2009, 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 note that in the section entitled "Plea to Offense[,] the trial court's judgment incorrectly states he pled "Guilty[.]" We delete this language and substitute" "Not Guilty" in its place. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993). We affirm the trial court's judgment as reformed. (1)

AFFIRMED AS REFORMED.

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DAVID GAULTNEY Justice



Submitted on October 15, 2009

Opinion Delivered October 21, 2009

Do Not Publish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.