Opinion
No. 05-09-01017-CR
Opinion Filed July 27, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 6, Dallas County, Texas, Trial Court Cause No. F08-63447-X.
Before Justices RICHTER, LANG-MIERS, and MYERS.
MEMORANDUM OPINION
Johnny Eugene Kelly appeals his conviction for sexual assault of a child. Punishment was assessed at 15 years' imprisonment. Appellant's attorney filed a brief in which she concludes that 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 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant that he has a right to file a pro se response. Appellant, however, did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Although it is not an arguable issue to support the appeal, we note that the judgment states the "statute for offense" as section 22.01 of the penal code, which is assault, instead of section 22.011, which is sexual assault. Because we have the necessary information to do so, we modify the trial court's judgment to reflect the "statute for offense" as section 22.011 of the penal code. See Tex. R. App. P. 43.2(b); see also Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.-Dallas 1991, pet. ref'd). As modified, we affirm the trial court's judgment.