Xavior Devon Collier v. The State of Texas Appeal from Criminal District Court No. 6 of Dallas County (memorandum opinion)

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AFFIRMED as MOFIFIED and Opinion Filed November 5, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01319-CR No. 05-19-01320-CR XAVIOR DEVON COLLIER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F-18-58981-X & F-18-58982-X MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Browning Opinion by Justice Browning Appellant Xavior Devon Collier was charged with aggravated robbery in trial court cause number F-18-58981-X (appellate cause number 05-19-01319-CR) and evading arrest in trial court cause number F-18-58982-X (appellate cause number 05-19-01320-CR). He pleaded guilty, and the trial court sentenced him to eight years’ confinement. The trial court appointed new counsel to represent appellant on appeal. Following the appointment, appellant’s counsel filed a motion to withdraw from representation and a supporting Anders brief. See Anders v. California, 386 U.S. 738, 744–45 (1967). The motion indicates that counsel has carefully reviewed the record, and she is of the opinion there are no reversible errors, the appeal is wholly frivolous, and she has filed a brief in conformity with Anders and Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969). She further states in her motion that she provided appellant a copy of her brief, a copy of the record, and informed appellant of his right to file a pro se brief. Appellant filed a pro se motion on March 10, 2020, and indicated, in part, that he did not receive a complete copy of the Clerk’s Record. We ordered counsel to communicate with appellant, determine which portions were missing, and send any omitted portions. By letter dated March 18, 2020, counsel informed appellant and the Court that she resent the Clerk’s record in appellate cause number 05-19-01319CR. Appellant subsequently filed a pro se brief raising issues related to his conviction for aggravated robbery. He did not challenge his evading arrest conviction. As the reviewing court, we must conduct an independent evaluation of the record to determine whether counsel is correct in concluding that an appeal is frivolous. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). After reviewing the appellate record, counsel’s brief, and appellant’s pro se response, we agree there are no arguable issues to support the appeals. Although not an arguable issue, we note one clerical error in the judgments. Both judgments list “HILARY WHITE FOR SCOTT WELLS BAR # 24056901” as –2– “Attorney for State:.” Scott Wells represented the State during the open plea hearing, and the record does not indicate Hilary White participated in any capacity for the State. When the record provides the necessary information to correct inaccuracies in the trial court’s judgment, we have the authority to reform the judgment to speak the truth. TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993) (courts of appeals have authority to modify a judgment); Asberry v. State, 813 S.W.2d 526, 529–30 (Tex. App.—Dallas 1991, pet. ref’d). Accordingly, we sua sponte modify the judgments to reflect that the attorney for the State was “Scott Wells.” See TEX. R. APP. P. 43.2(b); see also McBride v. State, No. 05-11-01727-CR, 2013 WL 363776, at *1 (Tex. App.—Dallas Jan. 31, 2013, no pet.) (mem. op., not designated for publication) (modifying judgment to correct attorney name). As modified, we affirm the trial court’s judgments and grant counsel’s motion to withdraw. /John G. Browning/ JOHN G. BROWNING JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 191319F.U05 –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F-18-58981-X. Opinion delivered by Justice Browning. Justices Molberg and Carlyle participating. XAVIOR DEVON COLLIER, Appellant No. 05-19-01319-CR V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we MODIFY the judgment to reflect that Scott Wells represented the State. As modified, the judgment of the trial court is AFFIRMED, and Sharita Blacknall’s motion to withdraw as counsel is GRANTED. Judgment entered November 5, 2020 –4– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F-18-58982-X. Opinion delivered by Justice Browning. Justices Molberg and Carlyle and participating. XAVIOR DEVON COLLIER, Appellant No. 05-19-01320-CR V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we MODIFY the judgment to reflect that Scott Wells represented the State. As modified, the judgment of the trial court is AFFIRMED, and Sharita Blacknall’s motion to withdraw as counsel is GRANTED. Judgment entered November 5, 2020 –5–

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