Landon Limberg v. State ( 2015 )

Affirmed as Modified; Opinion Filed May 27, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01426-CR
LANDON LEE LIMBERG, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F14-32796-I
MEMORANDUM OPINION
Before Justices Fillmore, Myers, and Evans
Opinion by Justice Myers
Landon Lee Limberg appeals his conviction, following the adjudication of his guilt, for
possession of lisdexamfetamine in an amount of one gram or more but less than four grams. The
trial court assessed punishment at ten years’ imprisonment. On appeal, 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, 811–12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a
copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he
did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App.
2014) (identifying duties of appellate courts and counsel in Anders cases).
We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824,
826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). 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 the trial court’s judgment adjudicating guilt
incorrectly identifies the statute for the offense as “481.115 Health and Safety Code.” Appellant
was convicted for possession of a controlled substance belonging to Penalty Group 2. See TEX.
HEALTH & SAFETY CODE ANN. §§ 481.103(a)(3), 481.116(a), (c) (West 2010). Accordingly, we
modify the judgment adjudicating guilt to show the statute for the offense is “481.116 Health and
Safety Code.” 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 adjudicating guilt.
/ Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
141426F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LANDON LEE LIMBERG, Appellant Appeal from the Criminal District Court
No. 2 of Dallas County, Texas (Tr.Ct.No.
No. 05-14-01426-CR V. F14-32796-I).
Opinion delivered by Justice Myers,
THE STATE OF TEXAS, Appellee Justices Fillmore and Evans participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
MODIFIED as follows:
The section entitled “Statute for Offense” is modified to show “481.116 Health and
Safety Code.”
As modified, we AFFIRM the trial court’s judgment adjudicating guilt.
Judgment entered the 27th of May, 2015.
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