Affirmed as Modified and Opinion Filed April 6, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00061-CR
No. 05-14-00062-CR
No. 05-14-00063-CR
TASHIMA NICOLE EVERHART, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F-0825802-S; F-0825716-S; and F-0825717-S
MEMORANDUM OPINION
Before Justices Francis, Lang-Miers, and Whitehill
Opinion by Justice Francis
Tashima Nicole Everhart was convicted of fraudulent use or possession of less than five
items of identifying information/habitual, assault on a public servant, and forgery of a financial
instrument/check. In each case, she was given a suspended sentence and placed on community
supervision. She was subsequently convicted on a new charge of fraudulent use or possession of
fifty or more items of identifying information, and the trial court revoked her probation on all
three previous offenses and sentenced her to two years in state jail on the forgery charge and five
years in prison on the other two charges, with all sentences to run concurrently.
Appellant’s attorney filed a brief in which he 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 records 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 her right to file a pro se response, but she 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 appeals are frivolous and without merit. We find nothing in the record that might arguably
support the appeals.
Although not an arguable issue, we note the judgment revoking community supervision
in No. 05-14-00061-CR (fraudulent use or possession of less than five items of identifying
information/habitual) does not reflect appellant’s pleas or the trial court’s findings on two
enhancement paragraphs alleged in the indictment. The pleas and findings are reflected on the
original judgment placing appellant on community supervision. Accordingly, we modify the
trial court’s judgment revoking community supervision in No. 05-14-00061-CR to reflect that
appellant pleaded true to both the first and second enhancement paragraphs and the trial court
found true both the first and second enhancement paragraphs. See TEX. R. APP. P. 43.2(b);
Asberry v. State, 813 S.W.2d 526, 529–30 (Tex. App.—Dallas 1991, pet. ref’d).
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We affirm the judgments in Nos. 05-14-00062-CR and 05-14-00063-CR. As modified,
we affirm the judgment in 05-14-00061-CR and order the trial court to enter an amended
judgment revoking community supervision reflecting the above modifications.
Do Not Publish /Molly Francis/
TEX. R. APP. P. 47.2(b) MOLLY FRANCIS
140061F.U05 JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TASHIMA NICOLE EVERHART, On Appeal from the 282nd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F-0825802-S.
No. 05-14-00061-CR V. Opinion delivered by Justice Francis;
Justices Lang-Miers and Whitehill
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED
as follows:
To reflect (1) a Plea of True to the 1st and 2nd Enhancement Paragraphs and (2)
a Finding of True to the 1st and Second Enhancement Paragraphs.
As MODIFIED, the judgment is AFFIRMED.
Judgment entered April 6, 2015.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TASHIMA NICOLE EVERHART, On Appeal from the 282nd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F-0825716-S.
No. 05-14-00062-CR V. Opinion delivered by Justice Francis;
Justices Lang-Miers and Whitehill
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered April 6, 2015.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TASHIMA NICOLE EVERHART, On Appeal from the 282nd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F-0825717-S.
No. 05-14-00063-CR V. Opinion delivered by Justice Francis;
Justices Lang-Miers and Whitehill
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered April 6, 2015.
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