Marcus Johnson-McBryde v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 29, 2021
• Docket: 05-20-00366-CR
• Status: Published

Opinion

AFFIRMED and Opinion Filed June 29, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00361-CR No. 05-20-00362-CR No. 05-20-00363-CR No. 05-20-00365-CR No. 05-20-00366-CR No. 05-20-00367-CR No. 05-20-00368-CR MARCUS JOHNSON-MCBRYDE, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause Nos. 380-83474-2018; 380-81396-2019; 380-81395-2019; 199-83250-2018; 199-83247-2018; 199-83246-2018; 199-81278-2018

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Smith Marcus Johnson-McBryde appeals his assault of a public servant, two

aggravated assaults of a public servant, unauthorized use of a motor vehicle,

aggravated robbery, evading arrest, and robbery convictions. Appellant’s appointed

counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967),

stating that the records do not contain any reversible error that was preserved for

appellate review. Counsel states in the brief that he provided appellant with a copy of the brief and counsel’s motion to withdraw and advised appellant of his right to

examine the appellate records and file a pro se response. In addition, this Court

notified appellant of his right to examine the appellate records and file a pro se

response. Appellant did not file a pro se response.

The procedures established in Anders are applicable where, as here, the

appellant’s appointed counsel concludes that there are no non-frivolous issues to

assert on appeal. See In re D.D., 279 S.W.3d 849, 849–50 (Tex. App.—Dallas 2009,

pet. denied). This Court is not required to address the merits of each claim raised in

an Anders brief or a pro se response. See Bledsoe v. State, 178 S.W.3d 824, 827

(Tex. Crim. App. 2005); In re D.D., 279 S.W.3d at 850. Instead, our duty is to

determine whether there are any arguable grounds for reversal and, if so, to remand

the case to the trial court so that new counsel may be appointed to address the issues.

See In re D.D., 279 S.W.3d at 850.

In the Anders brief, counsel for appellant presents a professional evaluation

of the records demonstrating why there are no arguable grounds for reversal and

concluding that appellant’s appeals are frivolous and without merit. See Anders, 386

U.S. at 744. We independently reviewed all the records and counsel’s Anders brief

and agree that the appeals are frivolous and without merit. We find nothing in the

records that could arguably support the appeals.

–2– Accordingly, we affirm the trial court’s judgments.

/Craig Smith/ CRAIG SMITH JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 200361F.U05

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 380-83474- No. 05-20-00361-CR V. 2018. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered June 29, 2021

–4– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 380-81396- No. 05-20-00362-CR V. 2019. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

–5– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 380-81395- No. 05-20-00363-CR V. 2019. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

–6– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 199-83250- No. 05-20-00365-CR V. 2018. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

–7– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 199-83247- No. 05-20-00366-CR V. 2018. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

–8– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 199-83246- No. 05-20-00367-CR V. 2018. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

–9– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MARCUS JOHNSON-MCBRYDE, On Appeal from the 380th Judicial Appellant District Court, Collin County, Texas Trial Court Cause No. 199-81278- No. 05-20-00368-CR V. 2018. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered June 29, 2021.

–10–