Eric Voncharles Mosby v. State

• Court: Court of Appeals of Texas
• Decided: June 28, 2016
• Docket: 05-15-01391-CR
• Status: Published

Opinion

MODIFY and AFFIRM; and Opinion Filed June 28, 2016.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01391-CR

ERIC VONCHARLES MOSBY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F14-75538-P

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Brown Opinion by Justice Brown Eric Voncharles Mosby waived a jury and pleaded guilty to aggravated assault with a

deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). After finding appellant

guilty, the trial court assessed punishment at twenty years’ imprisonment. On appeal, appellant’s

attorney filed a brief in which he 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 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 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 reflects

there was a plea bargain agreement. The record reflects appellant entered an open plea of guilty

to the charges in the indictment. Accordingly, on our own motion, 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).

As modified, we affirm the trial court’s judgment.

/Ada Brown/ ADA BROWN JUSTICE

Do Not Publish TEX. R. APP. P. 47

151391F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ERIC VONCHARLES MOSBY, Appellant On Appeal from the 203rd Judicial District Court, Dallas County, Texas No. 05-15-01391-CR V. Trial Court Cause No. F14-75538-P. Opinion delivered by Justice Brown. Justices THE STATE OF TEXAS, Appellee Lang-Miers and Evans participating.

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

The section entitled “Terms of Plea Bargain” is modified to show “Open.”

As MODIFIED, the judgment is AFFIRMED.

Judgment entered this 28th day of June, 2016.

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