Christopher Charles Jefferson v. State

AFFIRMED as Modified; Opinion Filed January 12, 2015. In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00084-CR CHRISTOPHER CHARLES JEFFERSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F13-58819-Q MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Lang Christopher Charles Jefferson waived a jury and pleaded guilty to sexual assault of a child. See TEX. PENAL CODE ANN. § 22.011(a)(2) (West 2011). The trial court assessed punishment at ten years’ imprisonment. 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. 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). Appellant filed a pro se response raising several issues After reviewing counsel’s brief, appellant’s pro se response, and the record, we agree the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We find nothing in the record that might arguably support the appeal. Although not an arguable issue, we note the trial court’s judgment contains an error. Appellant was convicted of sexual assault of a child, an offense that is subject to the sex offender registration requirements of Chapter 62. See TEX. CODE CRIM. PROC. ANN. art. 62.001(5)(A) (West Supp. 2014). The judgment, however, states the sex offender registration requirements “do not apply to the Defendant.” We modify the judgment to show that sex offender registration requirements apply and the victim’s age was fifteen years. 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. We order the trial court to issue an amended judgment that reflects this change and to include the language required by the Texas sex offender registration statutes. / Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47 140084F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHRISTOPHER CHARLES Appeal from the 204th Judicial District JEFFERSON, Appellant Court of Dallas County, Texas (Tr.Ct.No. F13-58819-Q). No. 05-14-00084-CR V. Opinion delivered by Justice Lang, Justices Brown and Whitehill participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED to show that Sex Offender Registration Requirements do apply to the defendant and that the age of the victim as the time of the offense was fifteen years. As modified, we AFFIRM the trial court’s judgment. We ORDER the trial court to issue an amended judgment that reflects the above changes and to include any other language required by the Texas sex offender registration. Judgment entered January 12, 2015. -3-