Opinion
NO. 09-11-00571-CR
08-29-2012
D'ARTAGNAN ARCENEAUX A/K/A D'ARTAGNAN BRUCE ARCENEAUX, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 10-09548
MEMORANDUM OPINION
Under a plea agreement, D'Artagnan Arceneaux a/k/a D'Artagnan Bruce Arceneaux pleaded guilty to burglary of a building. The trial court found Arceneaux guilty, assessed punishment at two years confinement, suspended the imposition of sentence, and placed Arceneaux on community supervision for five years, and imposed a $1,000.00 fine. After the State filed a motion to revoke, the trial court found Arceneaux violated a term of the community supervision, adjudicated his guilt, and sentenced him to two years of confinement.
Arceneaux's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. This Court granted an extension of time for appellant to file a pro se response. We received no response from the appellant. We have reviewed the appellate record, and agree with counsel's conclusion. It is unnecessary to order appointment of new counsel to re-brief the appeal.
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).
Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
Arceneaux's counsel notes that an indigent defendant without financial resources cannot be charged attorney fees for the representation provided him by the justice system. The State waived its right to file a response. The record does not indicate that Arceneaux's ability to pay attorney fees changed after the date the trial court first determined him to be indigent. We delete the award of $1,000 in attorney fees by subtracting $1,000 from the administrative fees and modifying the administrative fees from "$3,120.00" in the judgment to "$2,120.00." The trial court's judgment is affirmed as modified.
See Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010).
See Tex. Code Crim. Proc. Ann. arts. 26.04(p), 26.05(g) (West Supp. 2011); Roberts v. State, 327 S.W.3d 880, 883-84 (Tex. App.—Beaumont 2010, no pet.).
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AFFIRMED AS MODIFIED.
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DAVID GAULTNEY
Justice
Submitted on August 6, 2012
Opinion Delivered August 29, 2012
Do Not Publish
Before Gaultney, Kreger, and Horton, JJ.