Affirmed as Modified and Opinion Filed March 26, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00308-CR
No. 05-13-00310-CR
JAMES EDWARD TURNER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause Nos. F12-54575-J, F12-63588-J
MEMORANDUM OPINION
Before Justices Moseley, Francis, and Lang
Opinion by Justice Francis
A jury convicted James Edward Turner of two continuous sexual abuse of a young child
offenses and assessed punishment at life imprisonment and a $10,000 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 (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.
We have reviewed the records and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824,
827 (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 arguable issues, we note there are several errors in the trial court’s
judgments. Specifically, the $10,000 fine assessed by the jury is not included in the judgment
for trial court no. F12-54757-J; both judgments erroneously state the sentences shall run
concurrently; and the order cumulating the sentences does not accurately reflect the trial court’s
oral cumulation order.
The trial court orally pronounced that “[appellant] is to serve the sentence in Cause No.
F12-63588 in its entirety before he will then begin to serve the sentence in Cause No. F12-
54575.” The cumulation order, however, which is contained in the judgment for trial court no.
F12-63588-J, states:
Said judgment, sentence, and term of punishment in this cause shall commence
and run when the sentence in Cause No. F12-54575-J a previous conviction of the
of the defendant for the offense of sexual abuse cont. w/ child u14 in the CDC#3
Judicial District Court of Dallas County, Texas has served and ceased to operate. 1
Thus, the written cumulation order does not correctly state the trial court’s oral pronouncement.
We have the power to modify the trial court’s judgments when we have the necessary
information before us to do so. 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). Accordingly, we modify the trial court’s judgments as follows.
1
We also note that the written cumulation order appears to include the offense date rather than sentencing date.
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In cause no. 05-13-00308-CR (trial court no. F12-54575-J), we modify the judgment to
show: (1) the fine is $10,000; and (2) the sentence shall run consecutively after the sentence in
trial court no. F12-63588 has been served and ceases to operate. In cause no. 05-13-00310-CR
(trial court no. F12-63588-J), we modify the judgment to delete the cumulation order. In each
case, we modify the section of the trial court’s judgment entitled “Punishment and Place of
Confinement” to delete the language stating the sentences shall run concurrently.
As modified, we affirm the trial court’s judgments. We order the trial court to enter new
judgments reflecting these modifications.
Do Not Publish
TEX. R. APP. P. 47
130308F.U05
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JAMES EDWARD TURNER, Appellant Appeal from the Criminal District Court
No. 3 of Dallas County, Texas (Tr.Ct.No.
No. 05-13-00308-CR V. F12-54575-J).
Opinion delivered by Justice Francis,
THE STATE OF TEXAS, Appellee Justices Moseley and Lang participating.
Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as
follows:
The section entitled “Fine” is modified to show “$10,000.”
The section entitled “Punishment and Place of Confinement” is modified to show
“Life TDCJ Institutional Division, This sentence shall run consecutively (see below).”
The section entitled “Furthermore, the following special findings or orders apply” is
modified to show “Life Without Parole. Cumulation Order. The Court ORDERS that the
sentence in this conviction shall run consecutively and shall begin only when the judgment and
sentence in the following case has ceased to operate: F12-63588-J. TEX. CODE CRIM. PROC. art.
42.01 § 1(19).”
As modified, we AFFIRM the trial court’s judgment.
Judgment entered March 26, 2014
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JAMES EDWARD TURNER, Appellant Appeal from the Criminal District Court
No. 3 of Dallas County, Texas (Tr.Ct.No.
No. 05-13-00310-CR V. F12-63588-J).
Opinion delivered by Justice Francis,
THE STATE OF TEXAS, Appellee Justices Moseley and Lang participating.
Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as
follows:
The section entitled “Punishment and Place of Confinement” is modified to delete the
words “This sentence shall run concurrently.”
The section entitled “Furthermore, the following special findings or orders apply” is
modified to delete the cumulation order.
As modified, we AFFIRM the trial court’s judgment.
Judgment entered March 26, 2014
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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