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Johnathan Wesley Bruce v. The State of Texas
Date: 04-04-2019
Case Number: 09-18-00129-CR
Judge: LEANNE JOHNSON
Court: Court of Appeals Ninth District of Texas at Beaumont
Plaintiff's Attorney: Beverly D. Armstrong
Defendant's Attorney: Jennifer Bergman
Description:
A jury found appellant Johnathan Wesley Bruce guilty of injury to a child
with intentional bodily injury, a third-degree felony, and assessed punishment at ten
years of imprisonment. See Tex. Penal Code Ann. § 22.04(a)(3), (f) (West Supp.
2018).1 Bruce’s appellate counsel filed a brief that presents counsel’s professional
1 We cite the current version of the statute as amendments subsequent to Bruce’s offense do not affect our disposition.
2
evaluation of the record, and she concludes the appeal is frivolous and without merit
and that there are no arguable grounds for reversal. See Anders v. California, 386
U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We notified
Bruce of his right to file a pro se brief, but we have not received a response.
Upon receiving an Anders brief, a court must conduct a full examination of
the record to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488
U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have independently
examined the entire appellate record in this matter. We conclude that no reversible
error exists, no arguable issues support an appeal, and this appeal is wholly frivolous.
See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005) (“Due to the
nature of Anders briefs, by indicating in the opinion that it considered the issues
raised in the briefs and reviewed the record for reversible error but found none, the
court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”).
Therefore, we find it unnecessary to order appointment of new counsel to re-brief
the appeal.
A jury found appellant Johnathan Wesley Bruce guilty of injury to a child
with intentional bodily injury, a third-degree felony, and assessed punishment at ten
years of imprisonment. See Tex. Penal Code Ann. § 22.04(a)(3), (f) (West Supp.
2018).1 Bruce’s appellate counsel filed a brief that presents counsel’s professional
1 We cite the current version of the statute as amendments subsequent to Bruce’s offense do not affect our disposition.
2
evaluation of the record, and she concludes the appeal is frivolous and without merit
and that there are no arguable grounds for reversal. See Anders v. California, 386
U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We notified
Bruce of his right to file a pro se brief, but we have not received a response.
Upon receiving an Anders brief, a court must conduct a full examination of
the record to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488
U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have independently
examined the entire appellate record in this matter. We conclude that no reversible
error exists, no arguable issues support an appeal, and this appeal is wholly frivolous.
See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005) (“Due to the
nature of Anders briefs, by indicating in the opinion that it considered the issues
raised in the briefs and reviewed the record for reversible error but found none, the
court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”).
Therefore, we find it unnecessary to order appointment of new counsel to re-brief
the appeal.
Outcome:
We affirm the trial court’s judgment.2
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Johnathan Wesley Bruce v. The State of Texas?
The outcome was: We affirm the trial court’s judgment.2
Which court heard Johnathan Wesley Bruce v. The State of Texas?
This case was heard in Court of Appeals Ninth District of Texas at Beaumont, TX. The presiding judge was LEANNE JOHNSON.
Who were the attorneys in Johnathan Wesley Bruce v. The State of Texas?
Plaintiff's attorney: Beverly D. Armstrong. Defendant's attorney: Jennifer Bergman.
When was Johnathan Wesley Bruce v. The State of Texas decided?
This case was decided on April 4, 2019.