Franklyn Tyrone Johnson Appeal from 396th District Court of Tarrant County (memorandum opinion)
Annotate this Case
Download PDF
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 /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX.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 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT FRANKLYN TYRONE JOHNSON, Appellant No. 05-17-00813-CR On Appeal from the 396th District Court, Tarrant County, Texas Trial Court Cause No. 1320746D. Opinion delivered by Justice Fillmore. Justices Lang-Miers and Stoddart participating. V. THE STATE OF TEXAS, Appellee 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. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
