Court of Appeals
Ninth District of Texas at Beaumont
HARGUST JOHNSON, Appellant
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court
Jefferson County, Texas
Trial Cause No. 11-12147
Appellant Hargust Johnson1 was indicted for the State Jail felony offense of
burglary of a building. He entered a plea of not guilty to the charge. A jury found
appellant guilty of burglary of a building and assessed punishment at fifteen months
confinement, and a fine of $500. The trial court sentenced appellant to fifteen months
confinement, and assessed a fine of $500.
Hargust Johnson is also known as Jay Johnson.
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 July 5, 2012, 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
Submitted on October 1, 2012
Opinion Delivered October 10, 2012
Do not publish
Before McKeithen, C.J., Gaultney and Kreger, JJ.
Appellant may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.