Tomas Villasenor v. State ( 2017 )

Affirmed as Modified; Opinion Filed July 21, 2017.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01272-CR
No. 05-16-01273-CR
TOMAS VILLASENOR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 422nd Judicial District Court
Kaufman County, Texas
Trial Court Cause Nos. 15-10493-422-F, 15-10494-422-F
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Evans
Opinion by Justice Evans
Tomas Villasenor waived a jury and pleaded guilty to two indecency with a child by
sexual contact offenses. After finding appellant guilty, the trial court assessed punishment at ten
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) (noting
appellant has right to file pro se response to Anders brief filed by counsel).
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 recite
there were plea bargain agreements in these cases. The record, however, shows appellant
entered open guilty pleas to the charges in each indictment. Accordingly, on our own motion,
we modify the section of the judgments entitled “terms of plea bargain” to show “open.” 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.).
As modified, we affirm the trial court’s judgments.
/David W. Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
161272F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TOMAS VILLASENOR, Appellant On Appeal from the 422nd Judicial District
Court, Kaufman County, Texas
No. 05-16-01272-CR V. Trial Court Cause No. 15-10493-422-F.
Opinion delivered by Justice Evans. Justices
THE STATE OF TEXAS, Appellee Bridges and Lang-Miers 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, we AFFIRM the trial court’s judgment.
Judgment entered this 21st day of July, 2017.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TOMAS VILLASENOR, Appellant On Appeal from the 422nd Judicial District
Court, Kaufman County, Texas
No. 05-16-01273-CR V. Trial Court Cause No. 15-10494-422-F.
Opinion delivered by Justice Evans. Justices
THE STATE OF TEXAS, Appellee Bridges and Lang-Miers 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, we AFFIRM the trial court’s judgment.
Judgment entered this 21st day of July, 2017.
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