Jason Dewayne Campbell v. State

Opinion

Affirmed as modified; Opinion Filed September 21, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01483-CR

JASON DEWAYNE CAMPBELL, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F17-54703-S

MEMORANDUM OPINION Before Justices Stoddart, Whitehill, and Boatright Opinion by Justice Stoddart Appellant Jason Dewayne Campbell waived a jury and pleaded not guilty to the offense of

indecency with a child. After finding appellant guilty, the trial court assessed punishment at six

years imprisonment. On appeal, appellant’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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of

Anders). Counsel delivered a copy of the brief to appellant. See Kelly v. State, 436 S.W.3d 313,

319–21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief

filed by counsel). Appellant filed a pro se response raising several issues. After reviewing counsel’s brief,

appellant’s pro se response, and the record, we agree the appeal is frivolous and without merit.

See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate

court’s duty in Anders cases). We find nothing in the record that might arguably support the

appeal.

Although not an arguable issue, we note the judgment incorrectly recites appellant pleaded

guilty to the offense and that there were plea bargain terms. The record, however, shows appellant

pleaded not guilty and there was no plea bargain agreement in this case. Accordingly, on our own

motion, we modify the section of the trial court’s judgment entitled “plea to offense” to show “not

guilty” and the section entitled “terms of plea bargain” to show “none.” TEX. R. APP. P. 43.2(b);

Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993) (courts of appeals have authority

to modify a judgment); Estrada v. State, 334 S.W.3d 57, 63–64 (Tex. App.—Dallas 2009, no pet.)

(same).

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

/Craig Stoddart/ CRAIG STODDART JUSTICE Do Not Publish TEX. R. APP. P. 47 171483F.U05

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

JASON DEWAYNE CAMPBELL, On Appeal from the 282nd Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F17-54703-S. No. 05-17-01483-CR V. Opinion delivered by Justice Stoddart. Justices Whitehill and Boatright THE STATE OF TEXAS, Appellee participating.

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

The section entitled “Plea to Offense” is modified to show “Not Guilty.”

The section entitled “Terms of Plea Bargain” is modified to show “None.”

Judgment entered this 21st day of September, 2018.

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