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Price v. State

Court of Appeals of Texas, Fifth District, Dallas
Jun 9, 2006
No. 05-05-01282-CR (Tex. App. Jun. 9, 2006)

Opinion

No. 05-05-01282-CR

Opinion Filed June 9, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F04-54876-MR. Affirmed.

Before Justices MORRIS, O'NEILL, and MAZZANT.


MEMORANDUM OPINION


In this case, Andreadis Jamaine Priced pleaded guilty to aggravated robbery and true to one enhancement paragraph. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed a fine. The State later moved to adjudicate guilt, alleging appellant violated a condition of supervision. Following a hearing, the trial court adjudicated appellant guilty and sentenced him to fifteen years' imprisonment. 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. Appellant filed a pro se response raising several issues. We have reviewed the record, counsel's brief, and appellant's pro se response. 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. We affirm the trial court's judgment.

The plea bargain agreement provided for a $3000 fine. After deferring adjudication of guilt and placing appellant on community supervision, the trial court ordered appellant to pay a $2000 fine. The order deferring adjudication of guilt reflects the $3000 fine provided for in the plea agreement rather than the $2000 fine orally pronounced. Because the order deferring adjudication of guilt has been set aside, see Taylor v. State, 131 S.W.3d 497, 502 (Tex.Crim.App. 2004), we conclude this discrepancy does not raise an arguable issue.


Summaries of

Price v. State

Court of Appeals of Texas, Fifth District, Dallas
Jun 9, 2006
No. 05-05-01282-CR (Tex. App. Jun. 9, 2006)
Case details for

Price v. State

Case Details

Full title:ANDREADIS JAMAINE PRICE, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jun 9, 2006

Citations

No. 05-05-01282-CR (Tex. App. Jun. 9, 2006)