MODIFY and AFFIRM; and Opinion Filed June 6, 2016.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01301-CR
JATERRIAN DIQUAN TAYLOR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F14-76025-P
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Brown
Opinion by Justice Lang-Miers
Jaterrian Diquan Taylor waived a jury and pleaded guilty to aggravated robbery of person
65 years or older. See TEX. PENAL CODE ANN. § 29.03(a)(3)(A) (West 2011). 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, 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) (identifying duties of appellate courts and counsel in Anders cases).
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 appeal is frivolous and without merit. We find nothing in the record that might arguably
support the appeal.
Although not an arguable issue, we note the trial court’s judgment incorrectly reflects there
was a plea bargain agreement. The record reflects appellant entered an open plea of guilty to the
charges in the indictment. Accordingly, we modify the section of the judgment entitled “terms of
plea bargain” to state “open.” 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).
As modified, we affirm the trial court’s judgment.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
151301F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JATERRIAN DIQUAN TAYLOR, On Appeal from the 203rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F14-76025-P.
No. 05-15-01301-CR V. Opinion delivered by Justice Lang-Miers.
Justices Evans and Brown participating.
THE STATE OF TEXAS, Appellee
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 6th day of June, 2016.
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