Deric Bernard McLaurine v. State ( 2018 )

Affirmed as Modified and Opinion Filed September 21, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01368-CR
DERIC BERNARD MCLAURINE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F14-71400-Y
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Bridges
Appellant Deric Bernard McLaurine appeals his conviction, following the adjudication of
his guilt, for aggravated assault with a deadly weapon. 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, 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 adjudicating guilt incorrectly recites
there were plea bargain terms in this case. The record, however, shows appellant entered an open
plea of true to all but two allegations in the motion to adjudicate. Accordingly, on our own motion,
we modify the judgment to show appellant entered an open plea of true. 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.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
171368F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DERIC BERNARD MCLAURINE, On Appeal from the Criminal District Court
Appellant No. 7, Dallas County, Texas
Trial Court Cause No. F14-71400-Y.
No. 05-17-01368-CR V. Opinion delivered by Justice Bridges.
Justices Francis and Lang-Miers
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment adjudicating guilt 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 adjudicating guilt.
Judgment entered September 21, 2018.
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