Steven Kee v. State ( 2019 )

Affirmed as modified; Opinion Filed January 25, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00888-CR
STEVEN KEE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F17-57651-Q
MEMORANDUM OPINION
Before Justices Partida-Kipness, Pedersen, III, and Carlyle
Opinion by Justice Carlyle
The trial court adjudicated appellant Steven Kee guilty and entered a judgment of
conviction against him for the unauthorized use of a motor vehicle, assessing punishment at eight
years’ imprisonment. Kee’s appellate attorney has filed a brief concluding the appeal is wholly
frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967).
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). The brief
meets the Anders requirements. It 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
has certified he delivered a copy of the brief to appellant. We advised appellant of his right to file
a response, and he has not filed a response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim.
App. 2014) (explaining right to file pro se response to counsel’s Anders brief). We agree the appeal
is frivolous and without merit, finding nothing in the record that might arguably support a non-
frivolous appeal.
Appellate counsel advises us that the trial court’s judgment incorrectly indicates there was
a plea agreement at this motion-to-adjudicate stage. The record shows appellant entered a plea of
“not true” to the allegations in the State’s amended motion to adjudicate. We modify the incorrect
section in the trial court’s judgment adjudicating guilt entitled “terms of plea bargain” to correctly
show “none.” As modified, we affirm the trial court’s judgment.
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
180888F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
STEVEN KEE, Appellant On Appeal from the 204th Judicial District
Court, Dallas County, Texas
No. 05-18-00888-CR V. Trial Court Cause No. F17-57651-Q.
Opinion delivered by Justice Carlyle.
THE STATE OF TEXAS, Appellee Justices Partida-Kipness and Pedersen, III
participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
MODIFIED as follows:
The section entitled “Terms of Plea Bargain” is modified to show “None.”
As modified, we AFFIRM the trial court’s judgment adjudicating guilt.
Judgment entered this 25th day of January, 2019.
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