Court of Civil Appeals of Texas, 2015

Wayne Edward Greer v. State

Wayne Edward Greer v. State
Court of Civil Appeals of Texas · Decided February 26, 2015

Wayne Edward Greer v. State

Opinion

Affirmed as Modified; Opinion Filed February 26, 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00644-CR WAYNE EDWARD GREER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F13-61634-S MEMORANDUM OPINION Before Justices Lang, Stoddart, and Schenck Opinion by Justice Stoddart Wayne Edward Greer waived a jury and pleaded not guilty to assault involving family violence, with two prior assault-family violence convictions. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2014). After finding appellant guilty, the trial court assessed punishment at five years’ imprisonment. 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, 811–12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).

Appellant filed a pro se response raising several issues. After reviewing counsel’s brief, appellant’s pro se response, and the record, we agree the appeal is frivolous and without merit.

See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We find nothing in the record that might arguably support the appeal.

Although not an arguable issue, we note the trial court’s judgment contains an error. The judgment recites appellant’s sentence is “5 years Institutional Division, TDCJ.” The record, however, shows the trial court assessed an eight-year sentence. We modify the judgment to show the punishment and place of confinement is “8 years Institutional Division, TDCJ.” See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529–30 (Tex. App.—Dallas 1991, pet. ref'd).

As modified, we affirm the trial court’s judgment. We order the trial court to enter an amended judgment that reflects this change.

/ Craig Stoddart/ CRAIG STODDART JUSTICE Do Not Publish TEX. R. APP. P. 47 140644F.U05

-2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT

WAYNE EDWARD GREER, Appellant Appeal from the 282nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-14-00644-CR V. F13-61634-S).

Opinion delivered by Justice Stoddart, THE STATE OF TEXAS, Appellee Justices Lang and Schenck participating.

Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED to show the punishment and place of confinement is “8 years Institutional Division, TDCJ.”

As modified, we AFFIRM the trial court’s judgment.

We ORDER the trial court to issue an amended judgment that reflects the above change.

Judgment entered February 26, 2015.

-3-

Case-law data current through December 31, 2025. Source: CourtListener bulk data.