Opinion
No. 05-13-00888-CR
04-29-2014
JOE LYNN WILLIS, Appellant v. THE STATE OF TEXAS, Appellee
Affirmed as Modified and Opinion Filed April 29, 2014
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-56320-R
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Myers and Evans
Opinion by Chief Justice Wright
A jury convicted Joe Lynn Willis of burglary of a habitation. See TEX. PENAL CODE ANN. § 30.02(a)(1) (West 2011). The trial court assessed punishment, enhanced by two prior felony convictions, at twenty-five years' imprisonment. See TEX. PENAL CODE ANN. § 12.42(d). 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 (Tex. Crim. App. [Panel Op.] 1978). 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.
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (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 accepted appellant's pleas of true to two enhancement paragraphs contained in the indictment and expressly found the paragraphs true. The judgment, however, reflects the findings on the enhancement paragraphs is "N/A." Thus, the judgment is incorrect.
We have the power to modify the trial court's judgments when we have the necessary information before us to do so. 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). We modify the judgment to show the findings on the two enhancement paragraphs were true.
As modified, we affirm the trial court's judgment. Do Not Publish
TEX. R. APP. P. 47
130888F.U05
__________
CAROLYN WRIGHT
CHIEF JUSTICE
JUDGMENT
JOE LYNN WILLIS, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-00888-CR
Appeal from the 265th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
F12-56320-R).
Opinion delivered by Chief Justice Wright,
Justices Myers and Evans participating.
Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:
The section entitled "Findings on 1st Enhancement Paragraph" is modified to show "True."
The section entitled "Findings on 2nd Enhancement/Habitual Paragraph" is modified to show "True."
As modified, we AFFIRM the trial court's judgment.
__________
CAROLYN WRIGHT
CHIEF JUSTICE