Felicia Patrice Brown A/K/A Erica Granger A/K/A Philicia Patrice Grant A/K/A Philicia Grant v. State

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In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-09-00059-CR

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FELICIA PATRICE BROWN a/k/a ERICA GRANGER a/k/a

PHILICIA PATRICE GRANT a/k/a PHILICIA GRANT, Appellant



V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 07-00273



MEMORANDUM OPINION

Appellant Felicia Patrice Brown a/k/a Erica Granger a/k/a Philicia Patrice Grant a/k/a Philicia Grant pled guilty without a plea bargain agreement to felony theft. (1) The trial court assessed punishment at two years of confinement in a state jail facility.

Brown's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On March 19, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from appellant.

We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We note that in the section of the trial court's judgment entitled "Terms of Plea Bargain[,]" the judgment incorrectly recites the terms of the plea bargain agreement that the trial court rejected. This Court has the authority to reform the trial court's judgment to correct a clerical error. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993). Therefore, we delete the language contained in the aforementioned section of the trial court's judgment and substitute "N/A" in its place. We affirm the trial court's judgment as reformed. (2)

AFFIRMED AS REFORMED.

STEVE McKEITHEN

Chief Justice

Submitted on August 11, 2009

Opinion Delivered August 26, 2009

Do Not Publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.

1. The State and Brown entered into a plea bargain agreement, but the trial court rejected the plea bargain agreement at the sentencing hearing. The trial court entered a certification stating that this is not a plea bargain case, and Brown has the right to appeal.

2. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.