Opinion
No. 05-15-00829-CR No. 05-15-00830-CR
01-27-2016
DEANDRA DESHUN MOFFETT, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F13-55805-U, F13-99715-U
MEMORANDUM OPINION
Before Justices Fillmore, Myers, and Whitehill
Opinion by Justice Myers
DeAndra Deshun Moffett appeals his conviction, following the adjudication of his guilt, for aggravated robbery with a deadly weapon (cause no. 05-15-00829-CR), and his conviction for manslaughter (cause no. 05-15-00830-CR). The trial court sentenced appellant to twenty years' imprisonment on the aggravated robbery and ten years' imprisonment on the manslaughter. See TEX. PENAL CODE ANN. §§ 19.04(a), 29.03(a) (West 2011). 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. 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) (identifying duties of appellate courts and counsel in Anders cases).
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 appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals.
Although not an arguable issue, we note the trial court's judgment adjudicating guilt in cause no. 05-15-00829-CR incorrectly reflects there was a plea bargain agreement. The record reflects appellant entered an open plea of true to the allegations in the State's motion to adjudicate. Accordingly, we modify the section of the judgment entitled "terms of plea bargain" to state "open." 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. 05-15-00829-CR, we affirm the trial court's judgment as modified. In cause no. 05-15-00830-CR, we affirm the trial court's judgment revoking community supervision.
/ Lana Myers/
LANA MYERS
JUSTICE Do Not Publish
TEX. R. APP. P. 47
150829F.U05
JUDGMENT
Appeal from the 291st Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-55805-U).
Opinion delivered by Justice Myers, Justices Fillmore and Whitehill 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 "Open."
As modified, we AFFIRM the trial court's judgment adjudicating guilt.
Judgment entered this 27th day of January, 2016.
JUDGMENT
Appeal from the 291st Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-99715-U).
Opinion delivered by Justice Myers, Justices Fillmore and Whitehill participating.
Based on the Court's opinion of this date, the trial court's judgment revoking community supervision is AFFIRMED.
Judgment entered this 27th day of January, 2016.