Sugar Ray Thomas v. The State of Texas--Appeal from 252nd District Court of Jefferson County (majority)

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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-11-00309-CR ________________ SUGAR RAY THOMAS, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 95284 ________________________________________________________________________ MEMORANDUM OPINION Pursuant to a plea bargain agreement, appellant Sugar Ray Thomas pleaded guilty to aggravated robbery. The trial court found the evidence sufficient to find Thomas guilty, but deferred further proceedings, placed Thomas on community supervision for ten years, and assessed a fine of $2500. The State subsequently filed a motion to revoke Thomas s unadjudicated community supervision. Thomas pleaded true to several 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 aggravated robbery, and assessed punishment at sixty-five years of confinement. 1 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 August 4, 2011, we granted an extension of time for Thomas to file a pro se brief. We received no response from Thomas. We have 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 the trial court s judgment incorrectly recites that the statute for the offense is 22.03(a)(2) PC[.] This Court has the authority to reform the trial court s judgment to correct a clerical error. Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993). The statute regarding the offense of aggravated robbery is section 29.03 of the Texas Penal Code. Tex. Penal Code Ann. § 29.03 (West 2011). Therefore, we delete 22.03(a)(2) PC from the section of the judgment entitled Statute for Offense and substitute 29.03(a)(2) Penal Code in its place. We affirm the trial court s judgment as reformed. AFFIRMED AS REFORMED. _________________________________ STEVE McKEITHEN Chief Justice Submitted on December 7, 2011 Opinion Delivered December 21, 2011 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 2

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