Opinion
No. 05-17-00757-CR
06-28-2018
MIGUEL GUERRERO REYES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-53482-V
MEMORANDUM OPINION
Before Justices Lang, Myers, and Stoddart
Opinion by Justice Lang
A jury convicted Miguel Guerrero Reyes of indecency with a child. The trial court sentenced appellant to twelve years in prison. 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel).
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal.
Although not an arguable issue, we note the trial court's judgment incorrectly recites the offense for which appellant was convicted as "indecency with a child continuous," which is a first-degree felony. See TEX. PENAL CODE ANN. § 21.02(b) (West Supp. 2017). The record shows, however, appellant was indicted for and the jury found him guilty of indecency with a child by sexual contact, which is a second-degree felony. See TEX. PENAL CODE ANN. § 21.11(a)(1). On our own motion, we modify the judgment to show the offense for which appellant was convicted is "indecency with a child by sexual contact." See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993); Estrada v. State, 334 S.W.3d 57, 63-64 (Tex. App.—Dallas 2009, no pet.).
As modified, we affirm the trial court's judgment.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE Do Not Publish
TEX. R. APP. P. 47
170757F.U05
JUDGMENT
On Appeal from the 292nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F16-53482-V.
Opinion delivered by Justice Lang. Justices Myers and Stoddart participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
The section entitled "Offense for which Defendant Convicted" is modified to show "Indecency with a Child by Sexual Contact."
As modified, we AFFIRM the trial court's judgment. Judgment entered this 28th day of June, 2018.