Karen Patricia Bowie v. State

Opinion

Affirmed as Modified and Opinion Filed November 24, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00306-CR

KAREN PATRICIA BOWIE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-81418-2011

MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Myers Opinion by Justice Bridges

A jury convicted Karen Patricia Bowie of theft of property having an aggregate value of

more than $200,000 and assessed punishment at eighty years’ imprisonment and a $10,000 fine.

See TEX. PENAL CODE ANN. § 31.03(a), (e)(7) (West Supp. 2014). 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 her right to file a pro se response, but she 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 arguable issues, counsel asks us to modify the trial court’s judgment to

correctly show the statute for the offense and the date of the offense. Counsel contends the

statute for the offense should be changed from section 31.03 of the Texas Penal Code to section

31.09 because the indictment charged appellant with committing theft during one scheme or

continuing course of conduct. We disagree. Section 31.09, entitled “Aggregation of Amounts

Involved in Theft,” gives the State authority to aggregate the amounts obtained from theft,

whether from one or several sources, for the purpose of determining the grade of the offense.

See TEX. PENAL CODE ANN. § 31.09 (West 2011). However, section 31.03 identifies the

applicable classification of theft and the punishment range. Thus, the judgment correctly

identifies the statute under which appellant was convicted.

Counsel also asks that we modify the judgment to reflect the range of dates for the

offense. The record shows the offense occurred from May 31, 2007 through June 12, 2009. The

judgment recites the date of the offense as “5/31/2007.” We modify the judgment to show the

date of the offense is May 31, 2007 through June 12, 2009. 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).

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As modified, we affirm the trial court’s judgment.

Do Not Publish TEX. R. APP. P. 47 130306F.U05

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

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Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

KAREN PATRICIA BOWIE, Appellant Appeal from the 380th Judicial District Court of Collin County, Texas (Tr.Ct.No. No. 05-13-00306-CR V. 380-81418-2011). Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Lang-Miers and Myers participating.

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

The section entitled “Date of Offense” is modified to show “5/31/2007 through 6/12/2009.”

Judgment entered November 24, 2014.

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