Johnson, Kedrick Devaughn v. State ( 2013 )

AFFIRM; Opinion Filed June 6, 2013.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00826-CR
No. 05-12-00827-CR
No. 05-12-00828-CR
KENDRICK DEVAUGHN JOHNSON A/K/A KEDRICK DEVAUGHN JOHNSON,
Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F10-56049-Q, F03-52618-Q, F04-20389-Q
MEMORANDUM OPINION
Before Justices Moseley, Lang, and Evans
Opinion by Justice Evans
Kendrick Devaughn Johnson a/k/a Kedrick Devaughn Johnson 1 appeals his conviction,
following the adjudication of his guilt, for two aggravated assault offenses and one unlawful
possession of a firearm by a felon (UPFF) offense. See TEX. PENAL CODE ANN. §§ 22.02(a),
46.04(a) (West 2011 & Supp. 2012). The trial court assessed punishment at twenty years’
imprisonment for each aggravated assault and ten years’ imprisonment for UPFF. On appeal,
1
The clerk’s record in cause no. 05-12-00826-CR, shows appellant was indicted and convicted under the name Kendrick
Devaughn Johnson. However, in cause nos. 05-12-00827-CR and 05-12-00828-CR, the clerk’s records show appellant was
indicted and convicted under the name Kedrick Devaughn Johnson.
appellant’s attorney filed a brief in which she concludes the appeals are 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, 811 (Tex. Crim. App. [Panel
Op.] 1978). Counsel delivered a copy of the brief to appellant.
Appellant filed a pro se response raising several issues. Our duty in reviewing an Anders
brief is to determine whether there are any arguable grounds for appeal and, if so, remand the
case to the trial court so new counsel may be appointed to address those issues. See Bledsoe v.
State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005). After reviewing counsel’s brief, appellant’s
pro se response, and the record, we agree the appeals are frivolous and without merit. We find
nothing in the record that might arguably support the appeals.
We affirm the trial court’s judgments.
/David Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
120826F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KENDRICK DEVAUGHN JOHNSON Appeal from the 204th Judicial District
A/K/A KEDRICK DEVAUGHN Court of Dallas County, Texas (Tr.Ct.No.
JOHNSON, Appellant F10-56049-Q).
Opinion delivered by Justice Evans,
No. 05-12-00826-CR V. Justices Moseley and Lang participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered June 6, 2013.
/David Evans/
DAVID EVANS
JUSTICE
-3-
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KENDRICK DEVAUGHN JOHNSON Appeal from the 204th Judicial District
A/K/A KEDRICK DEVAUGHN Court of Dallas County, Texas (Tr.Ct.No.
JOHNSON, Appellant F03-52618-Q).
Opinion delivered by Justice Evans,
No. 05-12-00827-CR V. Justices Moseley and Lang participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered June 6, 2013.
/David Evans/
DAVID EVANS
JUSTICE
-4-
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KENDRICK DEVAUGHN JOHNSON Appeal from the 204th Judicial District
A/K/A KEDRICK DEVAUGHN Court of Dallas County, Texas (Tr.Ct.No.
JOHNSON, Appellant F04-20389-Q).
Opinion delivered by Justice Evans,
No. 05-12-00828-CR V. Justices Moseley and Lang participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered June 6, 2013.
/David Evans/
DAVID EVANS
JUSTICE
-5-