Court of Civil Appeals of Texas, 2012

Ricky Lamar Randolph v. State

Ricky Lamar Randolph v. State
Court of Civil Appeals of Texas · Decided October 31, 2012

Ricky Lamar Randolph v. State

Opinion

In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-12-00053-CR ________________ RICKY LAMAR RANDOLPH, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 11-12406 ________________________________________________________________________ MEMORANDUM OPINION A jury found appellant Ricky Lamar Randolph guilty of felony theft, and the trial court assessed punishment at sixteen years of imprisonment.

Randolph’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 July 12, 2012, we granted an extension of time for Randolph to file a pro se brief. We received no response from Randolph.

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 the trial court’s judgment incorrectly recites that Randolph’s offense is a second-degree felony. This Court has the authority to modify the trial court’s judgment to correct a clerical error. Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993). Therefore, we delete “2nd degree felony” from the section of the judgment entitled “Degree of Offense” and substitute “state jail felony, sequenced prior felony convictions” in its place. We affirm the trial court’s judgment as modified.1 AFFIRMED AS MODIFIED.

_________________________________ STEVE McKEITHEN Chief Justice

Submitted on October 8, 2012 Opinion Delivered October 31, 2012 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.

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

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