Opinion
NO. 09-11-00543-CR
02-22-2012
KAREN RENEE JOSEPH A/K/A KAREN GARRET, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 08-03363
MEMORANDUM OPINION
Karen Renee Joseph, also known as Karen Garret, pleaded guilty under a plea bargain to aggravated assault. The trial court deferred adjudication of guilt and placed her on unadjudicated community supervision for seven years. After the State filed a motion to revoke, the trial court found she violated the terms of her community supervision, adjudicated her guilt, and sentenced her to twenty years in prison.
Joseph's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes there are no arguable points of error. See Andersv. 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). Joseph filed a pro se response.
The Court of Criminal Appeals has explained that an appellate court may determine in an Anders case either (1) "that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error"; or (2) "that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues." Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
In its response to the Anders brief, the State suggests that, because there is no evidence in the record of the indigent appellant's changed financial circumstances, the attorney fees in the record should not be levied against Joseph, and the judgment should be reformed to delete them. See Tex. Code Crim. Proc. Ann. arts. 26.04(p), 26.05(g) (West Supp. 2011); Armstrong v. State, 340 S.W.3d 759, 765-67 (Tex. Crim. App. 2011); Mayer v. State, 309 S.W.3d 552, 553-58 (Tex. Crim. App. 2010).
We have reviewed the clerk's record, the reporter's record, and the pro se response. We agree with Joseph's counsel that no arguable issues support an appeal. See Bledsoe, 178 S.W.3d at 826-27. We find it unnecessary to order appointment of new counsel to re-brief the appeal. See id.; compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
We modify the judgment to delete that portion of the judgment ordering Joseph to pay $1,000 in attorney fees. The judgment is affirmed as modified.
AFFIRMED AS MODIFIED.
DAVID GAULTNEY
Justice
Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ.