Chaz Anthony Phillip Jones v. State ( 2018 )

IN THE
TENTH COURT OF APPEALS
No. 10-17-00317-CR
CHAZ ANTHONY PHILLIP JONES,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 413th District Court
Johnson County, Texas
Trial Court No. F50789
ORDER
In Trial Court Case No. F50789, appellant Chaz Anthony Phillip Jones pled guilty
to one count of Aggravated Sexual Assault of a Child (Count I), one count of Online
Solicitation of a Minor (Count II), and one count of Possession of a Controlled Substance
under 1 gram (Count III). After a bench trial for punishment, the court assessed Jones’s
punishment at 45 years in prison on Count I, 20 years in prison on Count II, and 2 years
in state jail, probated for two years on Count III. Three judgments were signed, one for
each count.
Jones filed one notice of appeal, showing his desire to appeal from “the judgment
of conviction and sentence” rendered against him in Trial Court Case No. F50789. The
appeal therefore bears one case number, Court of Appeals No. 10-17-00317-CR.
Jones’s appointed appellate counsel filed a brief challenging only the judgments
and sentences for Counts I and II. Because Jones did not challenge the judgment for
Count III, a brief bringing any alleged error or an Anders-type motion to withdraw and a
supporting brief as to Count III must be filed in this proceeding within 30 days from the
date of this order. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493
(1967). If counsel files a motion to withdraw, counsel should also file a motion to sever
as to that count. See Kirven v. State, No. 10-14-00122-CR (Tex. App.—Waco Oct. 22, 2015,
order) (not designated for publication). See also Loredo v. State, No. 10-15-00322-CR (Tex.
App—Waco Apr. 21, 2016, order) (not designated for publication); Keene v. State, No. 10-
15-00389-CR (Tex. App.—Waco Feb. 15, 2017, order) (not designated for publication).
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed March 28, 2018
Jones v. State Page 2