Gregory Dwight Johnson v. The State of Texas--Appeal from 252nd District Court of Jefferson County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-037 CR
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GREGORY DWIGHT JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 98682
MEMORANDUM OPINION

Without a plea bargain, appellant Gregory Dwight Johnson pled guilty to burglary of a building. The trial court sentenced Johnson to two years of confinement in a state jail facility.

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 8, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from the 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 re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The judgment is affirmed. (1)

AFFIRMED.

 

______________________________

STEVE McKEITHEN

Chief Justice

 

Submitted on May 29, 2007

Opinion Delivered June 6, 2007

Do Not Publish

 

Before McKeithen, C.J., Gaultney and Kreger, JJ.

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.