Court of Civil Appeals of Texas, 2014

Terry Lee Bagley v. State

Terry Lee Bagley v. State
Court of Civil Appeals of Texas · Decided March 6, 2014

Terry Lee Bagley v. State

Opinion

Affirmed as Reformed and Memorandum Opinion filed March 6, 2014.

In The Fourteenth Court of Appeals NO. 14-13-00264-CR TERRY LEE BAGLEY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 230th District Court Harris County, Texas Trial Court Cause No. 1364009 MEMORANDUM OPINION

A jury convicted appellant of aggravated assault against a public servant with a deadly weapon. On March 13, 2013, the trial court sentenced appellant to confinement for fifteen years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a notice of appeal.

Appellant’s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirement of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel’s brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. (Tex. Crim. App. 1991). As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel’s brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).

However, the judgment fails to reflect appellant pled true to the enhancement allegation. Accordingly, we reform the judgment of conviction to reflect that appellant entered a plea of true to the enhancement allegation. See Tex. R. App. P. 43.2. As reformed, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Justices McCally, Busby and Donovan.

Do Not Publish — Tex. R. App. P. 47.2(b).

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