Opinion
No. 05-12-00283-CR
01-17-2013
DERRICK DEON CHRISTOR, Appellant v. THE STATE OF TEXAS, Appellee
MODIFY and AFFRIM; Opinion issued January 17, 2013.
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F11-70068-K
MEMORANDUM OPINION
Before Justices FitzGerald, Fillmore, and Evans
Opinion by Justice FitzGerald
Derrick Deon Christor waived a jury, pleaded guilty to failure to register as a sex offender, and pleaded true to one enhancement paragraph. The trial court assessed punishment at ten years' imprisonment and a $1,000 fine. On appeal, appellant's attorney filed a brief in which she 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 was convicted of failure to register as a sex offender under title 62.102 of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 62.102(a) (West 2006). The trial court's judgment recites the statute for the offense is "62.10 Penal Code." We modify the judgment to show the statute for the offense is "62.102(a) Code of Criminal Procedure." 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.
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KERRY P. FITZGERALD
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
JUDGMENT
DERRICK DEON CHRISTOR, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-12-00283-CR
Appeal from the Criminal District Court
No. 4 of Dallas County, Texas (Tr.Ct.No.
F11-70068-K).
Opinion delivered by Justice FitzGerald,
Justices Fillmore and Evans participating.
Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:
The section entitled "Statute for Offense" is modified to show "62.102(a) Code of Criminal Procedure."
As modified, we AFFIRM the trial court's judgment.
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KERRY P. FITZGERALD
JUSTICE