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Moffett v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 12, 2007
Nos. 05-06-00275-CR, 05-06-00276-CR (Tex. App. Jul. 12, 2007)

Opinion

Nos. 05-06-00275-CR, 05-06-00276-CR

Opinion issued July 12, 2007. DO NOT PUBLISH Tex. R. App. P. 47.

On Appeal from the Criminal District Court No. 4 Dallas County, Texas, Trial Court Cause Nos. F05-58689-RK, F05-58690-JK.

Before Justices MOSELEY, BRIDGES and RICHTER.


MEMORANDUM OPINION


Appellant's attorney filed a brief in which he 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 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his/her right to file a pro se response, but appellant did not file a response. We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. However, it does appear that the judgment in cause number 05-06-00276-CR incorrectly states the evading arrest offense is a third degree felony rather than a state jail felony. Accordingly, we modify the judgment in cause number 05-06-00276-CR to show the offense is a state jail felony, and the punishment and place of confinement is the state jail instead of the institutional division of the Texas department of criminal justice. As modified, we affirm the trial court's judgments.


Summaries of

Moffett v. State

Court of Appeals of Texas, Fifth District, Dallas
Jul 12, 2007
Nos. 05-06-00275-CR, 05-06-00276-CR (Tex. App. Jul. 12, 2007)
Case details for

Moffett v. State

Case Details

Full title:ROBERT EARL MOFFETT, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 12, 2007

Citations

Nos. 05-06-00275-CR, 05-06-00276-CR (Tex. App. Jul. 12, 2007)