Opinion
No. 05-16-00782-CR
05-23-2017
JARRETT RANSOM HUGHES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 382nd Judicial District Court Rockwall County, Texas
Trial Court Cause No. 2-15-493
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Schenck
Opinion by Justice Schenck
A jury convicted Jarrett Ransom Hughes of unlawful possession of a firearm by a felon and assessed punishment at six 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, 811-12 (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. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (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 the trial court's nunc pro tunc judgment incorrectly reflects a $2,000 fine. The jury assessed a $1,000 fine. Accordingly, on our own motion, we modify the nunc pro tunc judgment to show the fine is $1,000. 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 nunc pro tunc judgment.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE Do Not Publish
TEX. R. APP. P. 47 160782F.U05
JUDGMENT
On Appeal from the 382nd Judicial District Court, Rockwall County, Texas
Trial Court Cause No. 2-15-493.
Opinion delivered by Justice Schenck. Justices Lang and Fillmore participating.
Based on the Court's opinion of this date, the nunc pro tunc judgment of the trial court is MODIFIED as follows:
The section entitled "Fine" is modified to show "$1,000."
As modified, we AFFIRM the trial court's nunc pro tunc judgment. Judgment entered this 23rd day of May, 2017.