Bennie Johnson, Jr. v. State, 06-14-00194-CR

Appellant Bennie Johnson, Jr. was convicted by a jury of aggravated sexual assault (Tex. Penal Code § 22.021) and sentenced to life imprisonment.
Appellate counsel (McFarland) reviewed the clerk's and reporter's records and filed an Anders brief and motion to withdraw, concluding no non-frivolous issues exist for appeal.
Two main legal points were examined: (1) whether trial counsel provided ineffective assistance, and (2) whether the trial court properly admitted extraneous-offense testimony.
Trial counsel cross-examined witnesses, presented opening and closing statements, elicited defendant testimony, and advanced a defensive theory that the complainant consented and later fabricated the charge.
The State introduced testimony from two witnesses describing similar incidents (ride offered, diverted route, sexual assault in a dark/remote place) and similar victim profiles; the State offered these extraneous-offense proofs to rebut Johnson’s defensive theory.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Was representation ineffective?	Counsel acted reasonably: conducted cross-examination, presented openings/closings, elicited defendant testimony and alternative theory.	Johnson would argue counsel’s performance was deficient and prejudiced the outcome.	Appellate counsel found no arguable ineffective-assistance claim under Strickland; record shows competent representation.
2. Were extraneous offenses admissible?	Extraneous-offense testimony was admissible to rebut defensive theory (not merely character), and relevance outweighed prejudice.	Johnson could argue the evidence was unfairly prejudicial and should have been excluded under Rules 404(b)/403.	Trial court’s admission was proper: evidence tended to rebut defensive theory and was within trial court’s discretion; no abuse shown.

Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1991) (standard for admissibility of extraneous-offense evidence)
Hernandez v. State, 726 S.W.2d 53 (Tex. Crim. App. 1986) (adoption of Strickland test in Texas)
High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978) (duty to explain why no arguable appeal exists in Anders context)
Jackson v. State, 877 S.W.2d 768 (Tex. Crim. App. 1994) (presumption of counsel competence; prejudice inquiry)
Johnson v. State, 691 S.W.2d 619 (Tex. Crim. App. 1984) (appellate record must support ineffective-assistance claims)