Opinion
No. 09-09-00198-CR
Submitted on October 15, 2009.
Opinion Delivered October 28, 2009. DO NOT PUBLISH.
On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 08-04770.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Dexter James Thomas pled guilty to robbery. The trial court found the evidence sufficient to find Thomas guilty, but deferred further proceedings, placed Thomas on community supervision for five years, and assessed a fine of $1,000. The State subsequently filed a motion to revoke Thomas's unadjudicated community supervision. Thomas pled "true" to three violations of the conditions of his community supervision. The trial court found that Thomas violated the conditions of his community supervision, found Thomas guilty of robbery, and assessed punishment at eighteen years of confinement. Thomas's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. See Anders v. 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). On June 18, 2009, we granted an extension of time for appellant to file a pro se brief. Thomas filed a letter in response, in which he contends his punishment was excessive and seeks reinstatement of probation or a reduction of his sentence to five years of confinement. We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We note that in the section entitled "Statute for Offense[,]" the trial court's judgment incorrectly recites "29.03(a)(2) Penal Code[.]" See Tex. Pen. Code Ann. § 29.03(a)(2) (Vernon 2003) (aggravated robbery). This court has the authority to reform the trial court's judgment to correct a clerical error. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993). Therefore, we delete this language and substitute "29.02 Penal Code" in its place. See Tex. Pen. Code Ann. § 29.02 (Vernon 2003) (robbery). We affirm the trial court's judgment as reformed. AFFIRMED AS REFORMED.
Thomas was indicted for aggravated robbery, but he pled guilty to the lesser-included offense of robbery.
Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.