Opinion
No. 05-14-00644-CR
02-26-2015
WAYNE EDWARD GREER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-61634-S
MEMORANDUM OPINION
Before Justices Lang, Stoddart, and Schenck
Opinion by Justice Stoddart
Wayne Edward Greer waived a jury and pleaded not guilty to assault involving family violence, with two prior assault-family violence convictions. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2014). After finding appellant guilty, the trial court assessed punishment at five years' imprisonment. On appeal, appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811-12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).
Appellant filed a pro se response raising several issues. After reviewing counsel's brief, appellant's pro se response, and the record, we agree the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We find nothing in the record that might arguably support the appeal.
Although not an arguable issue, we note the trial court's judgment contains an error. The judgment recites appellant's sentence is "5 years Institutional Division, TDCJ." The record, however, shows the trial court assessed an eight-year sentence. We modify the judgment to show the punishment and place of confinement is "8 years Institutional Division, TDCJ." See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529-30 (Tex. App.—Dallas 1991, pet. ref'd).
As modified, we affirm the trial court's judgment. We order the trial court to enter an amended judgment that reflects this change.
/ Craig Stoddart/
CRAIG STODDART
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140644F.U05
JUDGMENT
Appeal from the 282nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-61634-S).
Opinion delivered by Justice Stoddart, Justices Lang and Schenck participating.
Based on the Court's opinion of this date, the trial court's judgment is MODIFIED to show the punishment and place of confinement is "8 years Institutional Division, TDCJ."
As modified, we AFFIRM the trial court's judgment.
We ORDER the trial court to issue an amended judgment that reflects the above change.