Opinion
No. 05-07-01318-CR, 05-07-01319-CR
Opinion Filed September 9, 2008. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the 363rd Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F04-54603-TW, F05-15176-MHW.
Before Justices WRIGHT, LANG-MIERS, and MAZZANT.
MEMORANDUM OPINION
Brandon Lamar Grider waived a jury and pleaded guilty to aggravated sexual assault of a child younger than fourteen years and failure to register as a sex offender. In the aggravated sexual assault case, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed an $800 fine. In the failure to register case, the trial court assessed punishment at ten years' imprisonment, probated for ten years, and an $800 fine. The trial court later granted the State's motion to adjudicate guilt for aggravated sexual assault of a child and the motion to revoke community supervision in the registration case. The court assessed punishment at twenty years' imprisonment in the aggravated sexual assault case and ten years' imprisonment and an $800 fine in the failure to register case. Appellant's attorney filed a brief in which he concludes these 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 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 (Tex.Crim.App. 2005). We agree the appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals. In cause no. 05-07-01319-CR, appellant was convicted of failure to register as a sex offender under article 62.102. See Tex. Code Crim. Proc. Ann. art. 62.102(a) (Vernon 2006). We note the trial court's judgment recites the statute for the offense is "section 62.10 Penal Code." Thus, the trial court's judgment is incorrect. We modify the trial court's judgment to show the statute for the offense is "62.102(a) Texas 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). In cause no. 05-07-01318-CR, we affirm the trial court's judgment. In cause no. 05-07-01319-CR, we affirm the trial court's judgment as modified.