### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-10-00666- CR

P riscilla Limon, Appellant

v. The State of Texas, App ellee

F ROM TH E CO UNTY COURT O F LLANO COUNTY NO. 142 79, H ONO RAB LE WAY NE B RASCOM , JUDGE P RESIDING

M E M O R A N D U M O P I N I O N

A jury convicted Priscilla L imon of crue lty to animals, a class A misdemeanor. The 1
trial judge sentenc ed L imon to a term in county jail and a term of probation along with 40 hours of community service at the Christ Yoder Animal Shelter along with an $800 fine, $785 in restitution,
and $291 in cour

t costs.
L imon’s court-a

ppointed attorney has filed a motion to withdraw supported by a brief concluding that the app ea l i s frivolous and without merit. L imon’s counsel sent L imon a copy of

Act of May 29, 1993, 73d L eg ., ch. 900, § 1.01, 1993 Tex. Gen. L aws 3586, 3679, amende d 1 by Act of May 28, 1995, 74th L eg ., ch. 318, § 15, 1995 Tex. Gen. L aws 273 4 , 2740-41, amende d by Act o f May 26, 1997, 75th L eg ., ch. 1283, § 1, 1997 Tex. Gen. L aws 4906, 4906-07, amende d b y Ac t o f Apr. 25, 2001, 77th L eg ., ch. 54, § 3, 2001 Tex. Gen. L aws 90, 95, amende d by Ac t o f May 24, 2001, 77th L eg ., R.S., ch. 450, § 1, 2001 Tex. Gen. L aws 887, 881-88, amende d by Act of May 30, 2003, 78th L eg ., ch. 1275, § 2(116), 2003, Tex. Gen. L aws 4140, 4147, amende d b y Act of May 23, 2007, 80th L eg ., R.S., ch. 886, § 1, 2007 Te x . Gen. L aws 2163, 2163-66 (former Tex. Penal Code Ann. § 42.09).counsel’s brief and advised her of the rig ht to examine the appellate rec ord and to file a pro se brief.

See A nders v. California , 386 U.S. 738, 744 (1967). No pro se brief or other w ritten response has
been f iled.
We have r eviewe d the re cord, including appellate counsel’s brief , and find that the

rec ord shows at l ea s t o n e arg uable g round for appea l. See Garner v. State , 300 S.W .3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State , 17 8 S

. W .3d 824, 826–27 (Tex. Crim. App. 2005). Specifica ll y , t h e re co rd demonstrates that the jury char g e allowed L imon to be convicted upon a
lesser mental state than require d under the law in eff ect at the time L imon alleg edly committed the
crime. The jury char g e stated that the jury could find L imon g uil t y o f an i m al crue lty if she acte d intentionally , knowing ly , or recklessly

. This statement of the law is corre ct for the animal cruelty
l aw t h at became effe ctive S eptember 1, 2007. See Tex. Penal C ode Ann. § 42.092 (West 2 0 1 1 ).

L i m o n , howeve r, was char g ed with animal crue lty for acts committed on April 17, 2007. At that time, the animal crue lty law require d intentional or knowing conduct. See n.1, supra , former Tex. Penal Code Ann. § 42.09.

Be cause an Anders brief has been filed, we may not addre ss the merits of any arg uable

g round for appea l until the issue has been briefe d by new counsel. See Bledsoe , 178 S.W .3d at 827.
Acc ording ly , this appea l is abate d. The trial court is instructed to appoint substitut e counsel to file a brief addressing whether reve rsible error ex ists based o n the error in the j ury char g e, along with

any other issue that counsel deems meritorious. See Stafford v. State , 813 S.W .2d 503, 511 (Tex. 2

I n additi o n t o the noted issue, on the prese nt rec ord it is uncer tain whether the sentenc e 2 imposed was proper
. The judgme nt of conviction specifie s “Punishment and Place of Confinement”
as “L lano C o u n t y J ail 18 months — 120 day s as condition of probation.” The judgme nt further
2Crim. App. 1991). Present counsel’s motion to withdraw is g rante d. See id. A copy of the order

appointing substitut e counsel shall be forwa rded t o t h is Court no later than Fe bruar y 21, 2012.
Substi tute counsel’s br ief will be due thirty day s after

the date of

appointment.

_________________________________________ J . Woodfin J ones, Chief Just ice

Be fore Chief J ustice Jones, J ustices Pemberton a nd Henson
Abated
Filed: F ebrua

ry 9, 2012
Do Not Publish

suspends the sentenc e of confine ment and place s L imon on community supervision for 18 months. I f the trial judge imposed a sentenc e of 18 months in county jail, with all but 120 day s suspended, the sentenc e exceeds the statut o ry m axim um term of imprisonment for a Class A misdemeanor, which is one y ear
. See Tex. P enal Code A nn. § 12.21 (West 2011).
3