Tony Anthony Johnson v. State

Affirm and Opinion Filed October 6, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01524-CR TONY ANTHONY JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F10-11121-X MEMORANDUM OPINION Before Chief Justice Wright and Justices Francis and Myers Opinion by Chief Justice Wright Tony Anthony Johnson appeals from the adjudication of his guilt for forgery by check. See TEX. PENAL CODE ANN. § 32.21(b), (d) (West 2011). The trial court assessed punishment at three years’ imprisonment. On appeal, appellant’s attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811–12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of appellate courts and counsel in Anders cases). We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court’s judgment. /Carolyn Wright/ CAROLYN WRIGHT Do Not Publish CHIEF JUSTICE TEX. R. APP. P. 47 131524F.U05 ‐2‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT TONY ANTHONY JOHNSON, Appeal from the Criminal District Court Appellant No. 6 of Dallas County, Texas (Tr.Ct.No. F10-11121-X). No. 05-13-01524-CR V. Opinion delivered by Chief Justice Wright, Justices Francis and Myers participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered October 6, 2014               ‐3‐