MODIFY and AFFIRM; and Opinion Filed August 2, 2013.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00023-CR
MICHAEL CARL KELLEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-61149-M
MEMORANDUM OPINION
Before Justices O’Neill, Francis, and Fillmore
Opinion by Justice O’Neill
Michael Carl Kelley waived a jury and pleaded not guilty to burglary of a building. See
TEX. PENAL CODE ANN. § 30.02 (West 2011). After the trial court found appellant guilty,
appellant pleaded true to two enhancement paragraphs. The trial court assessed punishment at
four years’ imprisonment and a $1,500 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 (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.
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 find nothing in the record that might arguably support
the appeal.
Although not an arguable issue, we note the offense date recited in the trial court’s
judgment is incorrect. The indictment stated the offense occurred on January 7, 2012. Prior to
the plea hearing, the trial court granted the State’s motion to amend the indictment by changing
the offense date to October 7, 2012. The judgment, however, recites the date of the offense was
January 7, 2012. We modify the trial court’s judgment to show the date of the offense was
October 7, 2012. 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 trial court’s judgment.
/Michael J. O'Neill/
MICHAEL J. O'NEILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130023F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MICHAEL CARL KELLEY, Appellant Appeal from the 194th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-00023-CR V. F12-61149-M).
Opinion delivered by Justice O’Neill,
THE STATE OF TEXAS, Appellee Justices Francis and Fillmore 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 “October 7, 2012.”
As modified, we AFFIRM the trial court’s judgment.
Judgment entered August 2, 2013.
/Michael J. O'Neill/
MICHAEL J. O'NEILL
JUSTICE
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Michael Kelley v. State
Combined Opinion