Michael Shawn Chaffin v. State ( 2013 )

Affirmed as Modified; Opinion Filed June 27, 2013.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01639-CR
MICHAEL SHAWN CHAFFIN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 382nd Judicial District Court
Rockwall County, Texas
Trial Court Cause No. 2-12-216
MEMORANDUM OPINION
Before Justices Lang, Myers, and Evans
Opinion by Justice Lang
Michael Shawn Chaffin waived a jury, pleaded guilty to burglary of a habitation, and
pleaded true to one enhancement paragraph. See TEX. PENAL CODE ANN. § 30.02(a) (West
2011). The trial court assessed punishment at fifty years’ imprisonment and a $10,000 fine. 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 (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.
We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824,
827 (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 that appellant’s name is misspelled in the trial
court’s nunc pro tunc judgment. Thus, we modify the nunc pro tunc judgment to correct the
spelling of appellant’s name to Michael Shawn Chaffin. 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.
Douglas S. Lang
DOUGLAS S. LANG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
121639F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MICHAEL SHAWN CHAFFIN, Appeal from the 382nd Judicial District
Appellant Court of Rockwall County, Texas
(Tr.Ct.No. 2-12-216).
No. 05-12-01639-CR V. Opinion delivered by Justice Lang, Justices
Myers and Evans participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, we MODIFY the nunc pro tunc judgment to
correct the spelling of appellant’s name to Michael Shawn Chaffin.
As modified, we AFFIRM the nunc pro tunc judgment.
Judgment entered June 27, 2013.
Douglas S. Lang
DOUGLAS S. LANG
JUSTICE
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