In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-12-00375-CR
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D’KEMAAN WEST, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 11-11038
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MEMORANDUM OPINION
D’Kemaan West pleaded guilty, under a plea agreement, to aggravated
robbery. The trial court placed him on deferred adjudication community
supervision. He violated the terms and conditions of community supervision set by
the court. The State filed a motion to revoke. The trial court revoked the
community supervision, found him guilty of aggravated robbery, and sentenced
him to twenty-five years in prison.
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West’s appellate counsel filed a brief that presents counsel’s professional
evaluation of the record and concludes there are no arguable points of error. 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). This Court granted an extension of
time for appellant to file a pro se response. West filed a response.
After reviewing the clerk’s record and the reporter’s record, it is apparent
that the trial court imposed a fine in the written judgment that it did not impose in
the oral rendition of judgment. See Taylor v. State, 131 S.W.3d 497, 500, 502 (Tex.
Crim. App. 2004) (When the oral pronouncement of sentence and the written
judgment conflict, the oral pronouncement controls.). In response to this Court’s
inquiry, both the State and West agree that the $1000.00 fine should be deleted
from the written judgment. After reviewing the clerk’s record, the reporter’s
record, the Anders brief, and the pro se response, we find no other arguable
grounds for appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim.
App. 1991).
We modify the written judgment to delete the $1,000 fine. As modified, the
judgment is affirmed.
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AFFIRMED AS MODIFIED.
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DAVID GAULTNEY
Justice
Submitted on May 29, 2013
Opinion Delivered June 26, 2013
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.
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