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Chaffin v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 27, 2013
No. 05-12-01639-CR (Tex. App. Jun. 27, 2013)

Opinion

No. 05-12-01639-CR

06-27-2013

MICHAEL SHAWN CHAFFIN, Appellant v. THE STATE OF TEXAS, Appellee


Affirmed as Modified; Opinion Filed June 27, 2013.

On Appeal from the 382nd Judicial District Court

Rockwall County, Texas

Trial Court Cause No. 2-12-216


MEMORANDUM OPINION


Before Justices Lang, Myers, and Evans

Opinion by Justice Lang

Michael Shawn Chaffin waived a jury, pleaded guilty to burglary of a habitation, and pleaded true to one enhancement paragraph. See TEX. PENAL CODE ANN. § 30.02(a) (West 2011). The trial court assessed punishment at fifty years' imprisonment and a $10,000 fine. On appeal, appellant's attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response.

We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal.

Although not an arguable issue, we note that appellant's name is misspelled in the trial court's nunc pro tunc judgment. Thus, we modify the nunc pro tunc judgment to correct the spelling of appellant's name to Michael Shawn Chaffin. See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529-30 (Tex. App.—Dallas 1991, pet. ref'd). As modified, we affirm the trial court's judgment.

____________________

DOUGLAS S. LANG

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
121639F.U05

JUDGMENT

MICHAEL SHAWN CHAFFIN, Appellant

V. THE STATE OF TEXAS, Appellee No. 05-12-01639-CR

Appeal from the 382nd Judicial District

Court of Rockwall County, Texas

(Tr.Ct.No. 2-12-216).

Opinion delivered by Justice Lang, Justices

Myers and Evans participating.

Based on the Court's opinion of this date, we MODIFY the nunc pro tunc judgment to correct the spelling of appellant's name to Michael Shawn Chaffin.

As modified, we AFFIRM the nunc pro tunc judgment.

____________________

DOUGLAS S. LANG

JUSTICE


Summaries of

Chaffin v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 27, 2013
No. 05-12-01639-CR (Tex. App. Jun. 27, 2013)
Case details for

Chaffin v. State

Case Details

Full title:MICHAEL SHAWN CHAFFIN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 27, 2013

Citations

No. 05-12-01639-CR (Tex. App. Jun. 27, 2013)