Opinion
No. 14-03-01188-CR
Memorandum Opinion Filed May 20, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 337th District Court, Harris County, Texas, Trial Court Cause No. 943,294. Affirmed as Reformed.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
A jury found appellant guilty of the offense of possession of a controlled substance, cocaine, weighing more than one gram and less than four grams by aggregate weight. On October 15, 2003, the trial court sentenced appellant to confinement for nine and one half years in the Institutional Division of the Texas Department of Criminal Justice and a $1,000 fine. Appellant filed a written notice of appeal. Appellant's appointed counsel 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, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Appellant's appointed counsel noted that the trial court's written judgment inaccurately reflects that appellant is guilty of possession of a controlled substance with intent to deliver. Appellant's appointed counsel asked that we reform the trial court's judgment. A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and no motion to review the record or pro se response has been filed. We agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the State. We reform the judgment to read that appellant is guilty of possession of a controlled substance, cocaine, weighing more than one gram and less than four grams by aggregate weight. Accordingly, the judgment of the trial court is affirmed as modified.