Robinson, Timothy Lee v. State ( 2012 )

AFFIRM as moditied; Opinion issued Septeni her 20, 2012
In The
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No. 05-11-0131 1-CR
No. 05-1 1-01335-CR
TIMOTHY LEE ROBINSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F10-72541-U, F10-71461-U
MEMORANDUM OPINION
Before Justices Morris, Francis, and Murphy
Opinion By Justice Morris
In the trial court. Timothy Lee Robinson waived a jury and pleaded guilty to aggravated
sexual assault of a child younger than fourteen years and aggravated assault with a deadly weapon,
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court assessed punishment at fitly years’ imprisonment and a 3,000 fine on the aggravated sexual
assault of a child conviction and twenty years imprisonment and a $3,000 fine on the aggravated
assault with a deadly weapon conviction. On appeal. appellant’s attorney filed a brief in which he
concludes the appeals are wholly frivolous and without merit. The brief meets the requirements of
Anders v. Cali/àrnia. 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 (Tex. Crirn. App. [Panel Op.J 1 978). 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.
We have reviewed the record and counsel’s brieE See Bledsoe v. State, 178 S.W.3d 824, 827
(Tex. Crim. App. 2005) (explaining appellate court’s duty in finders cases). We agree the appeals
are frivolous and without merit. We find nothing in the record that might arguably support the
appeals.
Although not an arguable issue, we note the record shows the trial court orally pronounced
a $3,000 fine after it found appellant guilty and imposed the sentence in each case. The judgments,
however, recite $2,000 fines. When a conflict exists between the oral pronouncement and the
written judgment, the oral pronouncement controls. See Co/ji’y v. Slate, 979 S.W.2d 326, 328 (Tex.
Crim. App. 1998). We modify the judgment in each case to show the fine is $3.000. 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 judgments.
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JUDGMENT
TIMOTHY LEE ROBINSON. Appellant Appeal from the 291St Judicial District
Court of Dallas County. Texas. (Tr.Ct.No.
No. 05-11-01311-CR V. F10-72541-U).
Opinion delivered by Justice Morris,
THE STATE OF TEXAS, Appellee Justices Francis and Murphy participating.
Based on the Courts opinion of this date, the judgment of the trial court is MODIFIED
as follows:
The section entitled Fine’ is modified to show $3.000.”
As modified, we AFFIRM the trial court’s judgment.
Judgment entered September 20, 2012.
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JUDGMENT
TIMOTHY LEE ROBINSON. Appellant Appeal from the 291st Judicial District
Court of Dallas County, Texas. (Tr.Ct.No.
No. 05-1 1-01335-CR V. F10-7i461-U).
Opinion delivered by Justice Morris,
THE STATE OF TEXAS, Appellee Justices Francis and Murphy participating.
Based on the C’ourt’s opinion of this date, the judgment of the trial court is MODiFIED
as follows:
The section entitled ‘Fine” is modified to show “$3.000”
As modified. we AFFIRM the trial court’s judgment.
Judgment entered September 20. 2012.
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