Johnson II, Morris Landon

• Court: Court of Criminal Appeals of Texas
• Decided: November 15, 2006
• Docket: PD-1135-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

                                                               NO. PD-1135-05

                                     MORRIS LANDON JOHNSON, II, Appellant

                                                                             v.

                                                        THE STATE OF TEXAS

                   ON APPELLANT=S PETITION FOR DISCRETIONARY REVIEW

                                  FROM THE ELEVENTH COURT OF APPEALS

                                                             ERATH  COUNTY

Keasler, J., delivered the unanimous opinion of the Court.

                                                                  O P I N I O N

Morris Landon Johnson, II, was found guilty by a jury of the second-degree felony offense of possession of methamphetamine in an amount of four grams or more but less than 200 grams.  The jury sentenced Johnson to twenty years= imprisonment and assessed a $5,000 fine.  Johnson appealed, claiming that the evidence was insufficient to support his conviction. Affirming the judgment of the trial court, the Eleventh Court of Appeals held that A[t]he evidence was legally and factually sufficient to affirmatively link appellant to the methamphetamine.@^[1]  We granted Johnson=s petition for discretionary review.

Having examined the record and briefs and considered the arguments in the case, we conclude that our decision to grant review was improvident.  We therefore dismiss Johnson=s petition as improvidently granted.

DATE DELIVERED: November 15, 2006

DO NOT PUBLISH

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^[1]  Johnson v. State, No. 11-04-00047-CR (Tex. App.CEastland 2005) (not designated for publication), 2005 Tex. App. LEXIS 4239.