Jamol Demond Staley v. The State of Texas Appeal from Criminal District Court No. 5 of Dallas County (memorandum opinion)

Annotate this Case

Download PDF

MODIFY and AFFIRM; and Opinion Filed November 21, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00424-CR No. 05-17-00426-CR No. 05-17-00427-CR JAMOL DEMOND STALEY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause Nos. F14-54696-L, F15-57196-L, F17-16910-L MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Brown Jamol Demond Staley appeals his convictions, following the adjudication of his guilt, for burglary of a habitation with intent to commit other felony and assault by impeding the breath/circulation and involving family violence. Appellant also appeals his conviction for possession of phencyclidine in an amount less than one gram. After finding appellant guilty, the trial court sentenced him to five years’ imprisonment for the burglary and the assault convictions, and one year’s confinement in state jail for the possession conviction. 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, 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 judgments adjudicating guilt in cause nos. 05-17-00424-CR and 05-17-00426-CR incorrectly recite there were plea bargain terms. The record, however, shows appellant entered open pleas of true to the allegations in the motions to adjudicate. Accordingly, on our own motion, we modify the section of the judgment entitled “terms of plea bargain” to show “open.” TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993) (courts of appeals have authority to modify a judgment); Estrada v. State, 334 S.W.3d 57, 63–64 (Tex. App.—Dallas 2009, no pet.). In cause numbers 05-17-00424-CR and 05-17-00426-CR, we affirm the trial court’s judgments as modified. In cause number 05-17-00427-CR, we affirm the trial court’s judgment. /Ada Brown/ ADA BROWN JUSTICE Do Not Publish TEX. R. APP. P. 47 170424F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMOL DEMOND STALEY, Appellant No. 05-17-00424-CR On Appeal from the Criminal District Court No. 5, Dallas County, Texas Trial Court Cause No. F14-54696-L. Opinion delivered by Justice Brown. Justices Lang and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment adjudicating guilt 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 adjudicating guilt. Judgment entered this 21st day of December, 2017. –3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMOL DEMOND STALEY, Appellant No. 05-17-00426-CR On Appeal from the Criminal District Court No. 5, Dallas County, Texas Trial Court Cause No. F15-57196-L. Opinion delivered by Justice Brown. Justices Lang and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment adjudicating guilt 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 adjudicating guilt. Judgment entered this 21st day of December, 2017. –4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMOL DEMOND STALEY, Appellant No. 05-17-00427-CR On Appeal from the Criminal District Court No. 5, Dallas County, Texas Trial Court Cause No. F17-16910-L. Opinion delivered by Justice Brown. Justices Lang and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 21st day of December, 2017. –5–

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.