Pedro Soriano Enriquez v. The State of Texas--Appeal from 290th Judicial District Court of Bexar County

Nos. 04-98-00967 & 04-98-00968-CR
Pedro Soriano ENRIQUEZ,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court Nos. 97-CR-4150 & 98-CR-5571-W
Honorable Sharon MacRae, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: October 6, 1999

JUDGMENT 97-CR-4150 AFFIRMED; JUDGMENT 98-CR-5571-W AFFIRMED AS REFORMED

Pedro Soriano Enriquez pleaded no contest and judicially confessed to two counts of driving while intoxicated, the offenses having occurred on July 13, 1997 (04-98-00967-CR) and September 13, 1998 (04-98-00968-CR). He also admitted the commission of four previous convictions for the same offense. The trial court found Enriquez guilty of both offenses, and pursuant to plea bargains, sentenced him to six years imprisonment for each offense, the sentences to run concurrently.

Enriquez's court-appointed attorney has filed briefs in which he does not present points of error. After a review of the entire records, counsel concluded that each appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Enriquez was provided with a copy of the briefs and informed of his right to proceed as a pro se in the appeals. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Enriquez has not filed his own briefs.

We have reviewed the records and counsel's briefs. We agree that the appeals are frivolous and without merit. We affirm the trial court's judgment of cause number 97-CR-4150. Our independent review of the record does reveal, however, a clerical error in the judgment of cause number 98-CR-5571-W. Although the plea papers and the reporter's record of the plea hearing indicate that Enriquez entered a plea of no contest, the judgment of cause number 98-CR-5571-W incorrectly reflects that Enriquez entered a guilty plea. We reform the judgment of cause number 98-CR-5571-W to show that Enriquez entered a nolo contendere plea rather than a guilty plea. See Asberry v. State, 813 S.W.2d 526, 529-30 (Tex. App.-Dallas 1991, pet. ref'd). As reformed, the trial court's judgment in cause number 98-CR-5571-W is affirmed. Furthermore, we grant counsel's motions to withdraw. See Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.--San Antonio 1997, no pet.).

Catherine Stone, Justice

 

DO NOT PUBLISH