Opinion
No. 05-15-00891-CR No. 05-15-00893-CR
02-26-2016
TORRY RAY SMITH, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F15-51202-T, F15-51203-T
MEMORANDUM OPINION
Before Justices Lang, Brown, and Whitehill
Opinion by Justice Lang
Torry Ray Smith waived a jury and pleaded guilty to aggravated assault with a deadly weapon and burglary of a habitation. See TEX. PENAL CODE ANN. §§ 22.02(a)(2), 30.02(a) (West 2011). The trial court assessed punishment at five years' imprisonment in each case. On appeal, appellant's attorney filed a brief in which she 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 judgments incorrectly reflect there were plea bargain agreements, but appellant entered open guilty pleas to the charges in the indictments. Accordingly, we modify the section of the judgments 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).
As modified, we affirm the trial court's judgments.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE Do Not Publish
TEX. R. APP. P. 47
150891F.U05
JUDGMENT
Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F15-51202-T).
Opinion delivered by Justice Lang, Justices Brown and Whitehill participating.
Based on the Court's opinion of this date, the trial court's judgment is MODIFIED to show:
The section entitled "Terms of Plea Bargain" is modified to show "Open."
As modified, we AFFIRM the trial court's judgment.
Judgment entered this 26th day of February, 2016.
JUDGMENT
Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F15-51203-T).
Opinion delivered by Justice Lang, Justices Brown and Whitehill participating.
Based on the Court's opinion of this date, the trial court's judgment is MODIFIED to show:
The section entitled "Terms of Plea Bargain" is modified to show "Open."
As modified, we AFFIRM the trial court's judgment.
Judgment entered this 26th day of February, 2016.