Stone, Jack L. v. King, Thomas E.--Appeal from 214th District Court of Nueces County

State: Texas

Court: Texas Northern District Court

Docket No: 13-98-00022-CV

Case Date: 11/30/2000

Plaintiff: Stone, Jack L.

Defendant: King, Thomas E.--Appeal from 214th District Court of Nueces County

Preview:In The

Court of Appeals Ninth District of Texas at Beaumont _________________
NO. 09-09-00419-CR

_________________
GLENN CARROLL JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee _____________________________________________________________

_____ __

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 07-02483 _______________________________________________________________ _____ _ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Glenn Carroll Johnson pled guilty to aggravated assault. The trial court found the evidence sufficient to find Johnson guilty, but deferred further proceedings, placed Johnson on community supervision for ten years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Johnson's unadjudicated community supervision. Johnson pled "true" to five violations of the conditions of his community supervision. The trial court found that Johnson violated the conditions of his community supervision, found Johnson guilty of aggravated assault, and assessed punishment at fifteen years of confinement. 1

Johnson's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On February 18, 2010, we granted an extension of time for appellant to file a pro se brief. We received no response from appellant. We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to rebrief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.1 AFFIRMED. ________________________________ DAVID GAULTNEY Justice

Submitted on June 8, 2010 Opinion Delivered June 23, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ.

Appellant may challenge our decision in this case by filing a petition for discretionary review. See TEX. R. APP. P. 68. 2

1

Download 10874.pdf