Michael Perrin v. State
05-15-00407-CR
| Tex. App. | Oct 29, 2015Background
- Perrin pleaded guilty to failure to register as a sex offender and was sentenced to 10 years’ imprisonment, probated for 10 years, with a $2,000 fine.
- The State moved to revoke Perrin’s community supervision; the trial court revoked probation and resentenced Perrin to 10 years’ imprisonment.
- Perrin’s counsel filed an Anders brief asserting no arguable grounds for appeal; Perrin did not file a pro se response.
- The appellate court conducted its own review and agreed the appeal was frivolous, noting nothing in the record supports an arguable issue.
- The trial court’s revocation judgment omitted the $2,000 fine; Perrin’s fine was orally pronounced at the original plea hearing.
- The court held the un-probated oral fine could be included in the revocation judgment and modified the judgment to reflect a $2,000 fine, affirming as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Perrin’s Anders appeal has arguable grounds | Perrin challenges possible trial errors | State contends no arguable issues exist | Frivolous; no arguable grounds |
| Whether the revocation judgment properly reflects the $2,000 fine | Fine should be included in the revocation judgment | Fine omission is not fatal | Judgment modified to include $2,000 fine; affirmed as modified |
| Whether Coffey allows inclusion of an un-probated oral fine in the revocation judgment | Coffey permits including the oral fine in the judgment | Not disputed | Correct per Coffey; fine addition proper |
Key Cases Cited
- Coffey v. State, 979 S.W.2d 326 (Tex. Crim. App. 1998) (un-probated oral fines may be included in revocation judgments)
- Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App. 1993) (guidance on modifying judgments in revocation cases)
- Asberry v. State, 813 S.W.2d 526 (Tex. App.—Dallas 1991) (procedural framework for Anders-type reviews)
- Bledsoe v. State, 178 S.W.3d 824 (Tex. Crim. App. 2005) (appellate duty in Anders cases)
- Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014) (duties of appellate courts and counsel in Anders cases)
- High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978) (framework for frivolous appeals in Anders cases)