Opinion
NO. 09-11-00439-CRNO. 09-11-00440-CR
04-11-2012
CANDYCE LABRIE KOBA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause Nos. 09-06522 and 09-07726
MEMORANDUM OPINION
Pursuant to plea bargain agreements, Candyce Labrie Koba pleaded guilty to unauthorized use of a motor vehicle and forgery. In each case, the trial court found the evidence sufficient to find Koba guilty, but deferred further proceedings, placed Koba on community supervision for three years in the unauthorized use of a motor vehicle case, and placed Koba on community supervision for four years for the forgery offense. The State subsequently filed a motion to revoke Koba's unadjudicated community supervision in each case. In each case, Koba pleaded "true" to violating one condition of her community supervision. "[O]ne sufficient ground for revocation will support the court's order to revoke probation." Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim. App. 1980). The trial court found that Koba violated the conditions of her community supervision in each case, found Koba guilty of the offenses of unauthorized use of a motor vehicle and forgery, and sentenced Koba to two years in state jail for each offense. "It is also the general rule that as long as a sentence is within the proper range of punishment it will not be disturbed on appeal." Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim. App. 1984). The trial record on direct appeal is generally insufficient to address claims of ineffective assistance of counsel. Mata v. State, 226 S.W.3d 425, 430 (Tex. Crim. App. 2007). In sentencing, the trial court may consider evidence obtained during the motion to revoke hearing. See Pearson v. State, 994 S.W.2d 176, 179 (Tex. Crim. App. 1999). The trial court ordered the forgery offense to run consecutive to the offense of unauthorized use of a motor vehicle.
We note that the judgment in the unauthorized use of a motor vehicle case refers to Koba as "Candyce Labrie Koba[,]" while the judgment in the forgery case refers to Koba as "Candyce Koba[.]"
Koba's appellate counsel filed briefs that present counsel's professional evaluation of the records and conclude Koba's appeals are frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Koba filed a pro se brief in response. The Court of Criminal Appeals has held that we need not address the merits of issues raised in Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Rather, an appellate court may determine either: (1) "that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error"; or (2) "that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues." Id.
We have independently examined the clerk's records and the reporter's records, and we agree that no arguable error supporting reversal exists. See id. Therefore, we find it unnecessary to order appointment of new counsel to re-brief Koba's appeals. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
However, the record indicates that, in the unauthorized use of a motor vehicle case, the trial court assessed a $1,520 administrative fee, which includes $1,000 in attorney's fees. In the forgery case, the trial court assessed a $3,160 administrative fee, which also includes $1,000 in attorney's fees. The records do not indicate that Koba has the financial resources to enable her to pay attorney's fees. SeeTex. Code Crim. Proc. Ann. arts. 26.04(p), 26.05(g) (West Supp. 2011); see also Roberts v. State, 327 S.W.3d 880, 883-84 (Tex. App.—Beaumont 2010, no pet.). Accordingly, in cause number 09-06522, we modify the judgment to delete the administrative fees of $1,520 and substitute $520 in its place. In cause number 09-07726, we modify the judgment to delete administrative fees of $3,160 and substitute $2,160 in its place. We affirm the trial court's judgments as modified.
Koba may challenge our decision by filing a petition for discretionary review. See Tex. R. App. P. 68.
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AFFIRMED AS MODIFIED.
STEVE McKEITHEN
Chief Justice
Do Not Publish Before McKeithen, C.J., Gaultney and Kreger, JJ.