Opinion
No. 05-15-00475-CR No. 05-15-00476-CR
01-27-2016
EUGENE ANTHONY LYNCH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F13-51985-Q, F14-00063-Q
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang and Brown
Opinion by Justice Lang
Eugene Anthony Lynch appeals his convictions, following the adjudication of his guilt, for sexual assault and robbery. See TEX. PENAL CODE ANN. §§ 22.011, 29.02 (West 2011). The trial court assessed punishment at fifteen years' imprisonment in each case. On appeal, appellant's attorney filed a brief in which he concludes the appeals are 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 appeals are 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 appeals.
Although not arguable issues, we note several errors in the judgments adjudicating guilt. In cause no. 05-15-00475-CR, the judgment incorrectly identifies the offense as "aggravated sexual assault continuous deadly weapon," and the degree of the offense as "1st degree felony." Although appellant was indicted for aggravated sexual assault with a deadly weapon, the trial court granted the State's motions to strike words from the indictment and to reduce the offense charged to the second-degree felony of sexual assault. Appellant pleaded guilty to and was convicted of sexual assault. Accordingly, we modify the trial court's judgment adjudicating guilt to show the offense for which appellant was convicted is sexual assault, and the degree of the offense is second-degree felony. 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).
In cause no. 05-15-00476-CR, the judgment incorrectly identifies the statute as "22.011 Penal Code." Appellant was convicted of robbery under section 29.02 of the Texas Penal Code. We modify the judgment adjudicating guilt to show the statute for the offense is "29.02 Penal Code." TEX. R. APP. P. 43.2(b); Bigley, 865 S.W.2d at 27-28; Asberry, 813 S.W.2d at 529-30.
In cause no. 05-15-00475-CR, we modify the judgment adjudicating guilt to show the offense is "sexual assault," and the degree of the offense is "2nd degree felony." In cause no. 05-15-00476-CR, we modify the judgment adjudicating guilt to show the applicable statute is "29.02 Penal Code." As modified, we affirm the trial court's judgment in each case. We order the trial court to enter amended judgments reflecting these modifications.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE Do Not Publish
TEX. R. APP. P. 47
150475F.U05
JUDGMENT
Appeal from the 204th Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-51985-Q).
Opinion delivered by Justice Lang, Chief Justice Wright and Justice Brown participating.
Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is MODIFIED as follows:
The section entitled "Offense for which Defendant Convicted" is modified to show "Sexual Assault."
The section entitled "Degree" is modified to show "2nd Degree."
As modified, we AFFIRM the trial court's judgment adjudicating guilt. We ORDER the trial court to enter an amended judgment reflecting these modifications.
Judgment entered this 27th day of January, 2016.
JUDGMENT
Appeal from the 204th Judicial District Court of Dallas County, Texas (Tr.Ct.No. F14-00063-Q).
Opinion delivered by Justice Lang, Chief Justice Wright and Justice Brown participating.
Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is MODIFIED as follows:
The section entitled "Statute for Offense" is modified to show "29.02 Penal Code."
As modified, we AFFIRM the trial court's judgment adjudicating guilt. We ORDER the trial court to enter an amended judgment reflecting these modifications.
Judgment entered this 27th day of January, 2016.