Jaterrian Diquan Taylor v. State

• Court: Court of Appeals of Texas
• Decided: June 6, 2016
• Docket: 05-15-01301-CR
• Status: Published

Opinion

MODIFY and AFFIRM; and Opinion Filed June 6, 2016.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01301-CR

JATERRIAN DIQUAN TAYLOR, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F14-76025-P

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Brown Opinion by Justice Lang-Miers Jaterrian Diquan Taylor waived a jury and pleaded guilty to aggravated robbery of person

65 years or older. See TEX. PENAL CODE ANN. § 29.03(a)(3)(A) (West 2011). 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, 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.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

Do Not Publish TEX.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

151301F.U05

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

JATERRIAN DIQUAN TAYLOR, On Appeal from the 203rd Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F14-76025-P. No. 05-15-01301-CR V. Opinion delivered by Justice Lang-Miers. Justices Evans and Brown participating. THE STATE OF TEXAS, Appellee

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.”

Judgment entered this 6th day of June, 2016.

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