Hargust Johnson v. The State of Texas

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00666-CR _________________ HARGUST JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 11-12147 ________________________________________________________________________ MEMORANDUM OPINION 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. 1 Hargust Johnson is also known as Jay Johnson. 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 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 AFFIRMED. ___________________________ CHARLES KREGER Justice Submitted on October 1, 2012 Opinion Delivered October 10, 2012 Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ. 2 Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2