Jimmy Ray Britton v. Aimco Sandalwood (landlord)--Appeal from 61st District Court of Harris County

SUPREME COURT CASES

Laws-info.com » Cases » Texas » 14th District Court of Appeals » 2005 » Jimmy Ray Britton v. Aimco Sandalwood (landlord)--Appeal from 61st District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 14-04-00985-CV

Case Date: 12/06/2005

Plaintiff: Jimmy Ray Britton

Defendant: Aimco Sandalwood (landlord)--Appeal from 61st District Court of Harris County

Preview:David Dwayne Jackson v. The State of Texas--Appeal from 174th District Court of Harris County
Opinion issued March 3, 2005

In The Court of Appeals For The First District of Texas ____________

NO. 01-03-00981-CR ____________

DAVID DWAYNE JACKSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court Harris County, Texas Trial Court Cause No. 905480

MEMORANDUM OPINION Appellant, David Dwayne Jackson, pleaded guilty to aggravated robbery and the trial court deferred adjudication of guilt, placing appellant on community supervision for eight years and assessing a fine of $500. The State subsequently filed a motion to adjudicate guilt to which appellant pleaded not true. After a hearing, the trial court found the allegations in the State s motion to adjudicate to be true and sentenced appellant to confinement for 15 years. Appellant s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is

file:///C|/Users/Peter/Desktop/opinions/PDFs1/81519.html[8/20/2013 8:22:40 PM]

without merit. Counsel s brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App. Houston [1st Dist.] 1992, pet. ref d). Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel s brief. We find no reversible error in the record, and agree that the appeal is without merit. However, we do find non-reversible error. The judgment reads that the trial court assessed a fine of $500. The trial court s oral pronouncement of sentence did not include the fine. When there is a conflict between the written judgment and the oral pronouncement, the oral pronouncement controls. Taylor v. State, 131 S.W.3d 497, 502 (Tex. Crim. App. 2004). We may correct and modify the judgment of a trial court to make the record speak the truth when we have the necessary data and information to do so, or to make any appropriate order as the law and nature of the case may require. Id.; Campbell v. State, 900 S.W.2d 763, 773 (Tex. App. Waco 1995, no pet.); Tex. R. App. P. 43.2(b), 43.6. Accordingly, we modify the trial court s judgment adjudicating guilt to delete the fine. We affirm the judgment, as modified. We grant counsel s motion to withdraw. // See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App. Houston [1st Dist.] 2000, no pet.). PER CURIAM Panel consists of Justices Nuchia, Jennings, and Alcala. Do not publish. Tex. R. App. P. 47.2(b).

file:///C|/Users/Peter/Desktop/opinions/PDFs1/81519.html[8/20/2013 8:22:40 PM]

Download 81519.pdf