Opinion
Nos. 05-03-00446-CR, 05-03-00447-CR.
Opinion Filed March 10, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F00-57322-PR, F02-56513-PR. Affirm.
Before Justices MORRIS, FITZGERALD, and FRANCIS.
MEMORANDUM OPINION
Noel Orlando Gamez a/k/a Manuel Rolando Gamez entered an open guilty plea to the offense of retaliation. The trial court accepted appellant's plea and assessed punishment at ten years confinement, probated for five years, and a $2000 fine. Subsequently, the State moved to revoke community supervision. Before a hearing was conducted on the State's motion, appellant was indicted for the new offense of aggravated robbery. In a joint plea hearing and revocation hearing, appellant entered a guilty plea to the aggravated robbery offense and pleaded true to the State's allegations in the motion to revoke community supervision. The trial court accepted appellant's plea and found him guilty of aggravated robbery. The trial court also revoked appellant's community supervision. The trial court assessed punishment at six years confinement for retaliation and thirty years confinement for aggravated robbery. These appeals followed. Appellant's attorney filed a brief in which she concludes the appeals are 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 he has a right to file a pro se response. Appellant, however, did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals. We affirm the trial court's judgments.
In both cases, appellant was indicted as Manuel Rolando Gamez but filed a written suggestion that his true name is Noel Orlando Gamez. During the retaliation case plea hearing, appellant orally affirmed his true name is Noel Orlando Gamez. The plea and revocation documents refer to appellant as Manuel Rolando Gamez but the judgments all recite his true name. Appellant used both names interchangeably in signing his plea papers. The indictment for retaliation was corrected to reflect appellant's true name but the trial court did not correct the aggravated robbery indictment. However, correcting the indictment is a ministerial act and, by failing to object, appellant has waived any error. See Tex. Code Crim. Proc. Ann. arts. 1.14, 26.08 (Vernon 1989 Supp. 2004); Kelley v. State, 823 S.W.2d 300, 302 (Tex.Crim.App. 1992).