Opinion
No. 01-08-00370-CR
Opinion issued November 5, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).
On Appeal from the 262nd District Court Harris County, Texas, Trial Court Cause No. 1120527.
Panel consists of Justices KEYES, ALCALA, and HANKS.
MEMORANDUM OPINION
Appellant, Damica Cheri Winston, pleaded guilty to the offense of aggravated robbery without an agreed punishment recommendation from the State. The trial court deferred a finding of guilt, placed appellant on community supervision for 10 years, and assessed a $500 fine. Subsequently, the State filed a motion to adjudicate guilt. After a hearing on the State's motion, the trial court found that appellant had violated the terms and conditions of her community supervision, and found appellant guilty of the original charge. The trial court assessed appellant's punishment at confinement for seven years. Appellant's counsel on appeal has filed a brief stating that the records present no reversible error, that the appeals are without merit and are frivolous, and that the appeals must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978). Counsel represents that she has served a copy of the brief on appellant. Counsel also advised appellant of her right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We affirm the judgment of the trial court and grant counsel's motion to withdraw. Attorney Clyde Williams must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court. An appellate court has the power to correct and reform a trial court judgment to make the record speak the truth when it has the necessary data and information to do so. Nolan v. State, 39 S.W.3d 697, 698 (Tex. App.-Houston [1st Dist.] 2001, no pet.) (citing Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.-Dallas 1991, pet. ref'd)); see also Tex. R. App. P. 43.2(b). The record shows that at the hearing on the State's motion to adjudicate appellant entered a plea of not true. However, the judgment signed by the trial court states that appellant entered a plea of true. Accordingly, we reform the trial court's judgment to reflect that appellant entered a plea of not true to the allegations in the State's motion to adjudicate guilt. We affirm the judgment of the trial court as reformed herein. Any pending motions are denied as moot.
Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 826-27 (Tex. Crim. App. 2005).
We note that during appellant's testimony at the motion hearing, the appellant admitted that she violated the terms and conditions of her community supervision by failing to do community service as ordered, and by failing to report to 25 scheduled meetings with her probation officer.