Christor, Derrick Deon v. State

Court of Appeals of Texas·Decided January 17, 2013·No. 05-12-00283-CR·Published

Opinion

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MODIFY and AFFRIM; Opinion issued January 17,2013.

In The QCourt of ~peal~ jfiftb 11Bi~id of 'attxa~ at mana~ No. 05-12-00283-CR

DERRICK DEON CHRISTOR, AppeUant

v. THE STATE OF TEXAS, AppeUee

On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. Fll-70068-K

MEMORANDUM OPINION Before Justices FitzGerald, Fillmore, and Evans Opinion by Justice FitzGerald

Derrick Deon Christor waived a jury, pleaded guilty to failure to register as a sex

offender, and pleaded true to one enhancement paragraph. The trial court assessed punishment at

ten years' imprisonment and a $1,000 fme. On appeal, appellant's attorney filed a brief in which

she 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. Crirn. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a prose response, but he

did not ftle 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 fmd nothing in the record that might arguably support

the appeal.

Although not an arguable issue, we note that appellant was convicted of failure to register

as a sex offender under title 62.102 of the Texas Code of Criminal Procedure. See TEx. CODE

CRIM. PRoc. ANN. art. 62.102(a) (West 2006). The trial court's judgment recites the statute for

the offense is "62.10 Penal Code." We modify the judgment to show the statute for the offense

is "62.102(a) Code of Criminal Procedure." 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. refd).

As modified, we affmn the trial court's judgment.

Do Not Publish TEx. R. APP. P. 47

120283F.U05

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QCourt of ~peals jfiftb 11Bisttict of 'atexas at 11Ballas JUDGMENT

DERRICK DEON CHRISTOR, Appellant Appeal from the Criminal District Court No.4 of Dallas County, Texas (Tr.Ct.No. No. 05-12-00283-CR V. F11-70068-K). Opinion delivered by Justice FitzGerald, THE STATE OF TEXAS, Appellee Justices Fillmore and Evans participating.

Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:

The section entitled "Statute for Offense" is modified to show "62.102(a) Code of Criminal Procedure."

As modified, we AFFIRM the trial court's judgment.

Judgment entered January 17, 20-13.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Asberry v. State
813 S.W.2d 526 (Court of Appeals of Texas, 1991)
Bledsoe v. State
178 S.W.3d 824 (Court of Criminal Appeals of Texas, 2005)
High v. State
573 S.W.2d 807 (Court of Criminal Appeals of Texas, 1978)
Bigley v. State
865 S.W.2d 26 (Court of Criminal Appeals of Texas, 1993)