Opinion
NO. 09-11-00358-CR
01-25-2012
DARRYL EDWARD HOPKINS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 08-04860
MEMORANDUM OPINION
Pursuant to a plea agreement, appellant Darryl Edward Hopkins pled guilty to the offense of credit card or debit card abuse. The trial court found the evidence sufficient to find Hopkins guilty, but deferred finding him guilty. The trial court placed Hopkins on community supervision for five years and assessed a fine of $500. The State subsequently filed a motion to revoke Hopkins's unadjudicated community supervision. Hopkins pled "true" to two violations of the terms of his community supervision. The trial court found that Hopkins violated the terms of the community supervision order, found Hopkins guilty of credit card or debit card abuse, revoked Hopkins's community supervision, and imposed a sentence of two years of confinement.
Darryl Edward Hopkins is also known as Darrell Johnson and Darrell Evan Johnson.
2 Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.
Hopkins's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On September 29, 2011, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant.
We have reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We note that the trial court's judgment incorrectly recites the subsections of the statute for the offense as "32.31 (a)(A) PC[.]" This Court has the authority to reform the trial court's judgment to correct a clerical error. Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993). Therefore, we delete "32.31 (a)(A) PC" from the section of the judgment entitled "Statute for Offense" and substitute "32.31 (a), (b)(1)(A) Penal Code" in its place. See Tex. Penal Code Ann. § 32.31 (West 2011). We affirm the trial court's judgment as reformed.
AFFIRMED AS REFORMED.
_____________________
CHARLES KREGER
Justice
Do not publish
Before McKeithen, C.J., Kreger and Horton, JJ.