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Alexander v. State

The trial court's pronouncement of sentence is oral, while the judgment, including the sentence assessed, is merely the written declaration and embodiment of that oral pronouncement. When the oral pronouncement of sentence and the written judgment vary, the oral pronouncement controls. Fort Worth Court of Appeals, No. 2-08-282-CR, 11-12-2009

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OPINION

Pursuant to a plea bargain agreement, Kyle Edward Alexander pleaded guilty to aggravated assault with a deadly weapon. On June 18, 2007, the trial court placed him on five years’ deferred adjudication community supervision and, in the conditions of community supervision attached to the “Unadjudicated Judgment on Plea of Guilty or Nolo Contendere and Suspending Imposition of Sentence,” ordered him to pay restitution in the amount of $10,871.25 as a condition of his community supervision. The State filed a petition to proceed to adjudication on June 19, 2008, alleging that Alexander had violated four conditions of his community supervision. Alexander pleaded “true” to all four violations. The trial court found that all four paragraphs of the petition were true, adjudicated Alexander guilty, and sentenced him to ten years’ confinement. The trial court’s written judgment included an order that Alexander pay $10,311.25 in restitution. Alexander appeals from the trial court’s determination to proceed to an adjudication of guilt.

Alexander’s court-appointed appellate counsel has filed a motion to withdraw as counsel and a brief in support of that motion. In the brief, counsel reviewed the history of the case and detailed the evidence presented. Counsel’s brief and motion meet the requirements of Anders v. California*fn1 by presenting a professional evaluation of the record demonstrating why there are no reversible grounds on appeal and referencing any grounds that might arguably support the appeal. See Mays v. State, 904 S.W.2d 920, 922-23 (Tex. App.–Fort Worth 1995, no pet.). This court afforded Alexander the opportunity to file a brief on his own behalf, but he did not do so.

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