AFFIRM; and Opinion Filed January 30, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00813-CR
FRANKLYN TYRONE JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 396th District Court
Tarrant County, Texas
Trial Court Cause No. 1320746D
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Fillmore
Franklyn Tyrone Johnson appeals his conviction for aggravated sexual assault of a child
younger than fourteen years of age. Appellant waived his right to a jury trial and pleaded guilty
to the charged offense. The trial court deferred adjudication of guilt and placed appellant on
community supervision for ten years. When the State filed a motion to adjudicate guilt, appellant
pleaded true to the allegations of violations of conditions of deferred adjudication probation
contained in the State’s motion. The trial court found appellant guilty and assessed punishment at
fifteen years in prison. Although originally filed in the Second Court of Appeals, the appeal was
transferred to this Court on July 14, 2017 by the Texas Supreme Court pursuant to a docket
equalization order. TEX. GOV’T CODE ANN. § 73.001 (West 2013).
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, 812 (Tex. Crim.
App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). 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, 436 S.W.3d 313, 319–21 (Tex. Crim. App.
2014) (noting appellant has right to file pro se response to Anders brief filed by counsel).
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.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
170813F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FRANKLYN TYRONE JOHNSON, On Appeal from the 396th District Court,
Appellant Tarrant County, Texas
Trial Court Cause No. 1320746D.
No. 05-17-00813-CR V. Opinion delivered by Justice Fillmore.
Justices Lang-Miers and Stoddart
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 30th day of January, 2018.
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