Bell v. State

Full title: BILLY EUGENE BELL, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Dec 13, 2005

Nos. 05-04-01050-CR, 05-04-01051-CR (Tex. App. Dec. 13, 2005)

Opinion

Nos. 05-04-01050-CR, 05-04-01051-CR

Opinion Filed December 13, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 195th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F04-25857-VN, F04-25858-UN.

Ramand and Abate.

Before Justices O'NEILL, FITZGERALD, and LANG.

MEMORANDUM OPINION

MICHAEL J. O'NEILL, Justice.

Billy Eugene Bell pleaded guilty to two aggravated robbery offenses and true to two enhancement paragraphs in each indictment. The trial judge assessed punishment at thirty years confinement and a $2500 fine in each case.

Appellant's attorney filed a brief in which she concludes the appeals are wholly frivolous and without merit. Counsel delivered a copy of the brief to appellant. We advised appellant he has a right to file a pro se response, but appellant did not file a pro se response.

After reviewing the record, we conclude there is an arguable issue. The punishment range for aggravated robbery, a first-degree felony, enhanced by two prior felony convictions, is twenty-five to ninety-nine years or life imprisonment. See Tex. Pen. Code Ann. § 12.42(d) (Vernon Supp. 2004-05). A fine is not authorized by section 12.42(d). The trial judge, however, after finding appellant guilty and the enhancement paragraphs true, both orally pronounced the fines and included them in the judgments. Appellate counsel's brief does not mention this issue, but merely states that punishment assessed is within the statutory range.

We grant appellate counsel's motion to withdraw. See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). We remand the appeals to the trial court. We order the trial court to appoint new counsel to represent appellant, investigate the record, and file a brief on the merits. See Stafford, 813 S.W.3d at 511. Appellate counsel should investigate the record and file a brief discussing the propriety of the fines and any other grounds that might arguably support the appeal. See Stafford, 813 S.W.3d at 511. We further order the trial court to notify this Court in writing of the identify of new appellate counsel and the date on which counsel was appointed. We remove the cases from the submission docket. We abate the appeal to allow the trial court to comply with this Court's order.