Steven Kee v. The State of Texas Appeal from 204th Judicial District Court of Dallas County (memorandum opinion)
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Affirmed as modified; Opinion Filed January 25, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00888-CR STEVEN KEE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F17-57651-Q MEMORANDUM OPINION Before Justices Partida-Kipness, Pedersen, III, and Carlyle Opinion by Justice Carlyle The trial court adjudicated appellant Steven Kee guilty and entered a judgment of conviction against him for the unauthorized use of a motor vehicle, assessing punishment at eight years’ imprisonment. Kee’s appellate attorney has filed a brief concluding the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). 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). The brief meets the Anders requirements. It 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 has certified he delivered a copy of the brief to appellant. We advised appellant of his right to file a response, and he has not filed a response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (explaining right to file pro se response to counsel’s Anders brief). We agree the appeal is frivolous and without merit, finding nothing in the record that might arguably support a nonfrivolous appeal. Appellate counsel advises us that the trial court’s judgment incorrectly indicates there was a plea agreement at this motion-to-adjudicate stage. The record shows appellant entered a plea of “not true” to the allegations in the State’s amended motion to adjudicate. We modify the incorrect section in the trial court’s judgment adjudicating guilt entitled “terms of plea bargain” to correctly show “none.” As modified, we affirm the trial court’s judgment. /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE Do Not Publish TEX. R. APP. P. 47 180888F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT STEVEN KEE, Appellant No. 05-18-00888-CR On Appeal from the 204th Judicial District Court, Dallas County, Texas Trial Court Cause No. F17-57651-Q. Opinion delivered by Justice Carlyle. Justices Partida-Kipness and Pedersen, III participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is MODIFIED as follows: The section entitled “Terms of Plea Bargain” is modified to show “None.” As modified, we AFFIRM the trial court’s judgment adjudicating guilt. Judgment entered this 25th day of January, 2019. –3–
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