Affirmed as Modified and Opinion Filed September 29, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01170-CR
CLIFFORD EARL BOOKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F13-63134-M
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Myers
Opinion by Justice Bridges
Clifford Earl Booker waived a jury and pleaded guilty to burglary of a vehicle, with two
prior burglary of a vehicle convictions, and pleaded true to two enhancement programs. See
TEX. PENAL CODE ANN. § 30.04(a), (d)(2)(A) (West 2011). The trial court deferred adjudicating
guilt, placed appellant on eight years’ community supervision, and assessed a $750 fine. 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, 811–12 (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. 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 an arguable issue, we note the order deferring adjudication of guilt
incorrectly reflects there was a plea bargain agreement, when, in fact, appellant entered an open
guilty plea. Accordingly, we modify the section of the order deferring adjudication of guilt
entitled “terms of plea bargain” to state “open.” 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 order deferring adjudication of guilt.
Do Not Publish
TEX. R. APP. P. 47
141170F.U05
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CLIFFORD EARL BOOKER, Appellant Appeal from the 194th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-14-01170-CR V. F13-63134-M).
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.
Based on the Court’s opinion of this date, the trial court’s order of deferred adjudication
is MODIFIED as follows:
The section entitled “Terms of Plea Bargain” is modified to show “Open.”
As modified, we AFFIRM the trial court’s order of deferred adjudication.
Judgment entered September 29, 2015.
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Clifford Earl Booker v. State
Combined Opinion