Opinion
No. 10-03-00091-CR
Opinion delivered and filed November 3, 2004. DO NOT PUBLISH.
Appeal from the 272nd District Court, Brazos County, Texas, Trial Court # 28,425-272. Affirmed.
David S. Barron, Bryan, TX, Attorney for Appellant. Bill R. Turner, Brazos Co. D.A., Bryan, TX, Attorney for Appellee.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
MEMORANDUM OPINION
Cedric Johnson appeals the revocation of his community supervision for burglary of a building. Johnson's counsel filed an Anders brief contending that this appeal presents no issues of arguable merit. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L. Ed. 2d 493 (1967). Johnson has not filed a pro se brief or other response, though he was notified of his right to do so. See Sowels v. State, 45 S.W.3d 690, 691 (Tex.App.-Waco 2001, no pet.). Because our independent review of the record reveals no issues of arguable merit, we will affirm the judgment. The state filed its revocation motion, Johnson was arrested, and the revocation hearing was conducted well before the expiration of Johnson's term of community supervision. See Peacock v. State, 77 S.W.3d 285, 287 (Tex.Crim.App. 2002). Though the judgment reflects that Johnson pleaded "not true" to the motion to revoke, the record reflects that he pleaded "true." Moses v. State, 590 S.W.2d 469, 470 (Tex.Crim.App. 1979) (finding an appellant's pleading of true sufficient to support the order revoking probation). No error occurred at the revocation hearing, and nothing indicates that trial counsel was ineffective. The punishment assessed by the trial court of two years' confinement was within the statutory range. TEX. PEN. CODE ANN. § 12.35(a) (Vernon Supp. 2004). Our independent review of the record has revealed no issues of arguable merit. Accordingly, we modify the judgment to reflect that Johnson pleaded "true" to the motion to revoke, and affirm the judgment as modified. Counsel must advise Johnson of our decision and of his right to file a petition for discretionary review. See Sowels, 45 S.W.3d at 694.