Opinion
No. 05-13-01384-CR
07-30-2014
CHARLES EDWARD PHINISEE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F13-70249-H
MEMORANDUM OPINION
Before Justices Fillmore, Evans, and Lewis Opinion by Justice Fillmore
Charles Edward Phinisee waived a jury and pleaded not guilty to failure to register as a sex offender. See TEX. CODE CRIM. PROC. ANN. art. 62.102(a) (West Supp. 2013). After the trial court found Phinisee guilty, he pleaded true to one enhancement paragraph. The trial court assessed punishment at two years' imprisonment. On appeal, Phinisee'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, 811-12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to Phinisee. We advised Phinisee of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 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 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 states Phinisee entered a guilty plea to the offense. We modify the trial court's judgment to show the plea to the offense was not guilty. 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).
As modified, we affirm the trial court's judgment.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131384F.U05
JUDGMENT
Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F13-70249-H).
Opinion delivered by Justice Fillmore, Justices Evans and Lewis participating.
Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:
The section entitled "Plea to Offense" is modified to show "Not Guilty."
As modified, we AFFIRM the trial court's judgment.
Judgment entered July 30, 2014.