Tiwanda Monique Johnson v. State ( 2020 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00276-CR
Tiwanda Monique Johnson, Appellant
v.
The State of Texas, Appellee
FROM THE 264TH DISTRICT COURT OF BELL COUNTY,
NO. 61978, THE HONORABLE PAUL L. LEPAK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Tiwanda Monique Johnson was charged with the offense of burglary
with the intent to commit aggravated assault. See Tex. Penal Code § 30.02. Johnson pleaded
guilty, and the trial court placed her on deferred adjudication community supervision for ten
years. The State later moved to revoke Johnson’s community supervision and to adjudicate her
guilt based on alleged violations of the terms of her community supervision. After Johnson
pleaded true to the allegations in the State’s motion to adjudicate, the trial court adjudicated her
guilty of the offense and assessed punishment at five years’ confinement in the Institutional
Division of the Texas Department of Criminal Justice.
Appellant’s court-appointed attorney has filed a motion to withdraw supported
by a brief concluding that the appeal is frivolous and without merit. The brief meets the
requirements of Anders v. California by presenting a professional evaluation of the record
demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967);
Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio,
488 U.S. 75, 86-87 (1988).
Appellant’s counsel has represented to the Court that he has provided copies of
the motion and brief to appellant; advised appellant of her right to examine the appellate record
and file a pro se response; and provided appellant with a form motion for pro se access to the
appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313,
319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766,
Appellant requested access to the appellate record, and pursuant to this Court’s order, the clerk
of the trial court provided written verification to this Court that the record was provided to
appellant. See Kelly, 436 S.W.3d at 321. Appellant’s deadline to file her pro se response has
passed, and she has not filed a pro se response or requested an extension of time to file a response.
We have conducted an independent review of the record, including appellate
counsel’s briefs, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d
at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel
that the record presents no arguably meritorious grounds for review and the appeal is frivolous.
Counsel’s motion to withdraw is granted. The trial court’s judgment adjudicating
guilt is affirmed.
__________________________________________
Chari L. Kelly, Justice
Before Justices Goodwin, Baker, and Kelly
Affirmed
Filed: January 31, 2020
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