Jeremy Michael Johnston v. State of Texas

Opinion filed October 25, 2007

 

 

Opinion filed October 25, 2007

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                   __________

 

                    Nos. 11-07-00091-CR, 11-07-00092-CR, and 11-07-00096-CR

                                                    __________

 

                           JEREMY MICHAEL JOHNSTON, Appellant

 

                                                             V.

 

                                        STATE OF TEXAS, Appellee

 

 

                                         On Appeal from the 244th District Court

 

                                                           Ector County, Texas

 

                         Trial Court Cause Nos. C-33,234, B-34,013, and B-34,014

 

 

                                                                   O P I N I O N


The trial court convicted Jeremy Michael Johnston, upon his pleas of guilty, of the offenses of forgery by passing,[1] fraudulent use or possession of identifying information,[2] and theft.[3]  Pursuant to the plea bargain agreements, the trial court assessed appellant=s punishment for each offense at confinement in a state jail facility for two years.  We affirm.

In each appeal, appellant=s court-appointed counsel has filed motions to withdraw.  The motions are supported by briefs in which counsel professionally and conscientiously examines the record and applicable law and states that she has concluded that the appeals are frivolous.  Counsel has provided appellant with copies of the briefs and advised appellant of his right to review the record and file responses to counsel=s briefs.  Responses have not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); 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); Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.).

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeals are without merit.  We note that counsel has the responsibility to advise appellant that, in each case,  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, in each case, he may file a petition for discretionary review pursuant to Tex. R. App. P. 66. Black v. State217 S.W.3d 687 (Tex. App.CEastland 2007, no pet.).

The motions to withdraw are granted, and the judgments are affirmed.

 

PER CURIAM

 

October 25, 2007

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

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.



[1]11-07-00091-CR.

[2]11-07-00092-CR.

[3]11-07-00096-CR.