Andrew Muriel Johnson a/k/a Andrew Muriel Johnson, Jr. v. The State of Texas--Appeal from 252nd District Court of Jefferson County (majority)

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00215-CR _________________ ANDREW MURIEL JOHNSON A/K/A ANDREW MURIEL JOHNSON, JR., Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 10-10046 ________________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea agreement, appellant Andrew Muriel Johnson1 pled guilty to the offense of burglary of a building. The trial court concluded the evidence was sufficient to find Johnson guilty, but deferred further proceedings, and placed him on unadjudicated community supervision for ten years. The State subsequently filed a motion to revoke Johnson s community supervision. Johnson pled true to three violations of the terms of 1 Andrew Muriel Johnson is also known as Andrew Murel Johnson, and Andrew Muriel Johnson, Jr. 1 his community supervision. The trial court found that Johnson violated the terms of the community supervision order, found Johnson guilty of burglary of a building, revoked Johnson s community supervision, and imposed a sentence of ten years of confinement. Johnson s appellate counsel filed a brief that presents counsel s professional evaluation of the record and concludes there are no arguable points of error. 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 June 23, 2011, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant. We have 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 re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court s judgment.2 AFFIRMED. ___________________________ CHARLES KREGER Justice Submitted on September 28, 2011 Opinion Delivered October 5, 2011 Do not publish Before Gaultney, Kreger, and Horton, JJ. 2 Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2

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