Opinion
No. 05-05-00080-CR
Opinion Filed April 4, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 291st Judicial District Court, Dallas County, Texas, Trial Court Cause No. F02-55798-NU. Affirmed.
Before Justices RICHTER, LANG, and MAZZANT.
MEMORANDUM OPINION
A jury found Terrence Ruben Shead guilty of capital murder. The trial court assessed punishment at life imprisonment. See Act of May 29, 1993, 73d Leg., R.S., ch. 900, § 1.01, 1993 Tex. Gen. Laws 3586, 3602. 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. Although not an arguable issue, we note that the trial court's judgment reflects the jury assessed punishment. The record, however, shows that after receiving the jury's verdict, the trial court immediately sentenced appellant to the mandatory term of life imprisonment. See Tex. Pen. Code Ann. § 12.31(a) (Vernon Supp. 2005). Accordingly, we modify the trial court's judgment to show that punishment was assessed by the trial court. 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 judgment.
Section 12.31 of the penal code was amended, effective September 1, 2005, to set the punishment for capital murder in which the State does not seek the death penalty at life imprisonment without parole. See Act of May 28, 2005, 79th Leg., R.S., ch. 787, § 1, 2005 Tex. Gen. Laws 2707, 2707 (codified at Tex. Pen. Code Ann. § 12.31 (Vernon Supp. 2005)). Because appellant's offense occurred before the effective date of the amendment, the former provisions of section 12.31(a), which provided for life imprisonment, apply. See Act of May 28, 2005, 79th Leg., R.S., ch. 787, § 1, 2005 Tex. Gen. Laws 2707, 2711.