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Kee v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 25, 2019
No. 05-18-00888-CR (Tex. App. Jan. 25, 2019)

Opinion

No. 05-18-00888-CR

01-25-2019

STEVEN KEE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F17-57651-Q

MEMORANDUM OPINION

Before Justices Partida-Kipness, Pedersen, III, and Carlyle
Opinion by Justice Carlyle

The trial court adjudicated appellant Steven Kee guilty and entered a judgment of conviction against him for the unauthorized use of a motor vehicle, assessing punishment at eight years' imprisonment. Kee's appellate attorney has filed a brief concluding the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967).

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). The brief meets the Anders requirements. It 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 has certified he delivered a copy of the brief to appellant. We advised appellant of his right to file a response, and he has not filed a response. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (explaining right to file pro se response to counsel's Anders brief). We agree the appeal is frivolous and without merit, finding nothing in the record that might arguably support a non-frivolous appeal.

Appellate counsel advises us that the trial court's judgment incorrectly indicates there was a plea agreement at this motion-to-adjudicate stage. The record shows appellant entered a plea of "not true" to the allegations in the State's amended motion to adjudicate. We modify the incorrect section in the trial court's judgment adjudicating guilt entitled "terms of plea bargain" to correctly show "none." As modified, we affirm the trial court's judgment.

/Cory L. Carlyle/

CORY L. CARLYLE

JUSTICE Do Not Publish
TEX. R. APP. P. 47
180888F.U05

JUDGMENT

On Appeal from the 204th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F17-57651-Q.
Opinion delivered by Justice Carlyle. Justices Partida-Kipness and Pedersen, III participating.

Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is MODIFIED as follows:

The section entitled "Terms of Plea Bargain" is modified to show "None."

As modified, we AFFIRM the trial court's judgment adjudicating guilt. Judgment entered this 25th day of January, 2019.


Summaries of

Kee v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 25, 2019
No. 05-18-00888-CR (Tex. App. Jan. 25, 2019)
Case details for

Kee v. State

Case Details

Full title:STEVEN KEE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 25, 2019

Citations

No. 05-18-00888-CR (Tex. App. Jan. 25, 2019)