Cedric Johnson v. The State of Texas--Appeal from 272nd District Court of Brazos County

State: Texas

Court: Texas Northern District Court

Docket No: 10-03-00091-CR

Case Date: 11/03/2004

Plaintiff: Barry Adams

Defendant: The State of Texas--Appeal from 203rd District Court of Dallas County

Preview:Cedric Johnson v. The State of Texas--Appeal from
272nd District Court of Brazos County
IN THE
TENTH COURT OF APPEALS
No. 10-03-00091-CR
Cedric Johnson,
Appellant
v.
The State of Texas,
Appellee
From the 272nd District Court
Brazos County, Texas
Trial Court # 28,425-272
MEMORANDUM Opinion
Cedric Johnson appeals the revocation of his community supervision for burglary of a building. Johnson's counsel filed
an Anders brief contending that this appeal presents no issues of arguable merit. See Anders v. California, 386 U.S.
738, 744, 87 S. Ct. 1396, 1400, 18 L. Ed. 2d 493 (1967). Johnson has not filed a pro se brief or other response, though
he was notified of his right to do so. See Sowels v. State, 45 S.W.3d 690, 691 (Tex. App. Waco 2001, no pet.).
Because our independent review of the record reveals no issues of arguable merit, we will affirm the judgment.
The state filed its revocation motion, Johnson was arrested, and the revocation hearing was conducted well before the
expiration of Johnson's term of community supervision. See Peacock v. State, 77 S.W.3d 285, 287 (Tex. Crim. App.
2002). Though the judgment reflects that Johnson pleaded "not true" to the motion to revoke, the record reflects that he
pleaded "true." Moses v. State, 590 S.W.2d 469, 470 (Tex. Crim. App. 1979) (finding an appellant's pleading of true
sufficient to support the order revoking probation). No error occurred at the revocation hearing, and nothing indicates
that trial counsel was ineffective. The punishment assessed by the trial court of two years' confinement was within the
statutory range. Tex. Pen. Code Ann. 12.35(a) (Vernon Supp. 2004).
Our independent review of the record has revealed no issues of arguable merit. Accordingly, we modify the judgment
to reflect that Johnson pleaded "true" to the motion to revoke, and affirm the judgment as modified. Counsel must
advise Johnson of our decision and of his right to file a petition for discretionary review. See Sowels, 45 S.W.3d at
694.
FELIPE REYNA
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Justice
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Affirmed
Opinion delivered and filed November 3, 2004
Do not publish
[CR25]
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