Opinion issued January 23, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00336-CR
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HAROLD JOSEPH JOHNSON, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 262nd District Court
Harris County, Texas
Trial Court Cause No. 1292847
MEMORANDUM OPINION
Appellant, Harold Joseph Johnson, Jr., pleaded guilty to the offense of
aggravated assault with a deadly weapon without an agreed recommendation from
the State. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). The trial court
found sufficient evidence to find appellant guilty, but deferred making any finding
regarding appellant’s guilt and placed appellant on community supervision for a
period of 5 years. See TEX. CODE CRIM. PROC. ANN. art. 42.12 § 5(a) (West Supp.
2012). The State then filed a motion to adjudicate appellant’s guilt. See id. §§
5(b), 21(e). Appellant pleaded true to multiple violations of the conditions of his
community supervision. The trial court found the allegations true, adjudicated
appellant guilty, and sentenced appellant to 2 years in prison. See id. §§ 5(b),
21(b), 23. Appellant timely filed a notice of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw,
along with a brief stating that the record presents no reversible error and the appeal
is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct.
1396 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d
807, 812 (Tex. Crim. App. 1978). Counsel indicates that he has thoroughly
reviewed the record and he is unable to advance any grounds of error that warrant
reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193
S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
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for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at
1400 (emphasizing that reviewing court—and not counsel—determines, after full
examination of proceedings, whether appeal is wholly frivolous); Garner v. State,
300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine
whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824,
826–27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing
court determines whether arguable grounds exist by reviewing entire record). We
note that an appellant may challenge a holding that there are no arguable grounds
for appeal by filing a petition for discretionary review in the Texas Court of
Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw.* Attorney Mark C. Kratovil must immediately send appellant the
required notice and file a copy of the notice with the Clerk of this Court. See TEX.
R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Justices Keyes, Higley, and Massengale.
Do not publish. TEX. R. APP. P. 47.2(b).
*
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Texas Court of
Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App.
1997).
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