Opinion
No. 05-19-00789-CR No. 05-19-00791-CR
05-15-2020
BRANDON NORMAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F18-51705-Q and F18-51706-Q
MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Evans
Opinion by Justice Evans
Brandon Norman appeals the trial court's February 21, 2019 judgments revoking community supervision and adjudicating appellant guilty of the offenses of unauthorized use of a motor vehicle in trial court cause number F18-51705-Q and evading arrest with a vehicle in trial court cause number F18-51706-Q. The trial court sentenced appellant to a term of five years in prison for each case, to be served concurrently.
On appeal, the attorney appointed to represent appellant filed a motion to withdraw from the representation, supported by 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 demonstrating why there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.]1978 (evaluating whether brief meets Anders requirements). In an order dated November 5, 2019, we advised appellant of his right to file a pro se response by January 3, 2020, but he has not filed a response. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (appellant has right to file pro se response to Anders brief).
As the reviewing court, we must conduct an independent evaluation of the record to determine whether counsel is correct in concluding that an appeal is frivolous. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). After reviewing the appellate record and counsel's brief, we agree the appeals are frivolous and without merit, and we find nothing in the record that might arguably support the appeals.
Although not an arguable issue, we note that each of the judgments include the following language: "Terms of Plea Bargain: 5 YEARS PENITENTIARY: NO FINE." This is incorrect because the record reflects that appellant was not sentenced pursuant to a plea agreement and, instead, entered an open plea of true to the State's motion to adjudicate guilt. Accordingly, we modify the trial court's judgments to show "Terms of Plea Bargain: None." See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993) (appellate court has authority to modify judgment to correct clerical errors); Estrada v. State, 334 S.W.3d 57, 63-64 (Tex. App.—Dallas 2009, no pet.) (same).
We grant counsel's motion to withdraw and affirm, as modified, the trial court's judgments adjudicating guilt.
/David Evans/
DAVID EVANS
JUSTICE Do Not Publish
TEX. R. APP. P. 47 191789F.U05
JUDGMENT
On Appeal from the 204th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F18-51705-Q.
Opinion delivered by Justice Evans, Justices Partida-Kipness and Nowell participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
To state "None" under the heading "Terms of Plea Bargain." As MODIFIED, the judgment is AFFIRMED. Judgment entered May 15, 2020
JUDGMENT
On Appeal from the 204th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F18-51706-Q.
Opinion delivered by Justice Evans, Justices Partida-Kipness and Nowell participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
To state "None" under the heading "Terms of Plea Bargain." As MODIFIED, the judgment is AFFIRMED. Judgment entered May 15, 2020