Reyes David Garcia v. State

AFFIRMED as MODIFIED and Opinion Filed February 4, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00410-CR REYES DAVID GARCIA A/K/A/ DAVID GARCIA REYES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F16-70522-S MEMORANDUM OPINION Before Justices Schenck, Reichek, and Nowell Opinion by Justice Reichek A jury convicted Reyes David Garcia a/k/a David Garcia Reyes of sexual assault of a child and assessed punishment at twenty years’ imprisonment and a $10,000 fine. On appeal, appellant’s attorney filed a brief in which she 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). 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) (noting appellant has right to file pro se response to Anders brief filed by counsel). 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 recites the twenty-year sentence “shall run concurrently.” The record shows, however, that pursuant to article 42.08 of the code of criminal procedure, the sentence would commence “upon completion of the 15-year sentence assessed in Cause Number F13-61746.” See TEX. CODE CRIM. PROC. ANN. art. 42.08. Accordingly, on our own motion, we modify the trial court’s judgment to show the sentence “shall run consecutively upon completion of the sentence in Cause No. F13-61746.” As modified, we affirm the trial court’s judgment. /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE Do Not Publish TEX. R. APP. P. 47 180410F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT REYES DAVID GARCIA A/K/A DAVID On Appeal from the 282nd Judicial District GARCIA REYES, Appellant Court, Dallas County, Texas Trial Court Cause No. F16-70522-S. No. 05-18-00410-CR V. Opinion delivered by Justice Reichek. Justices Schenck and Nowell 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 “this sentence shall run concurrently” is modified to show “this sentence shall run consecutively upon completion of the sentence assessed in Cause Number F13-61746.” As modified, we AFFIRM the trial court’s judgment. Judgment entered February 4, 2019. –3–