Juan Velasquez Benitez v. State ( 2020 )

AFFIRMED as MODIFIED; Opinion Filed April 6, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01210-CR
No. 05-18-01211-CR
No. 05-18-01212-CR
No. 05-18–01213-CR
JUAN VELASQUEZ BENITEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F11-53117-U, F11-62850-U, No. F12-52399-U, and
F12-55564-U
MEMORANDUM OPINION
Before Justices Myers, Schenck, and Carlyle
Opinion by Justice Myers
Appellant Juan Velasquez Benitez appeals his convictions, following the
adjudication of his guilt, for (1) unauthorized use of a motor vehicle (05-18-01210-
CR; F11-53117-U); (2) theft of property valued at least $20,000 but less than
$100,000 (05-18-01211-CR; F11-62850-U); (3) theft of property, aggregate value
at least $100,000 but less than $200,000 (05-18-01212-CR; F12-52399-U); (4)
theft of property, aggregate value at least $20,000 but less than $100,000 (05-18-
01213-CR; F12-55564-U). The trial court assessed punishment at two years’
confinement in cause 01210-CR, and eight years in the other three cases.
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 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 attests that
she served a copy of the brief on appellant. We advised appellant of his right to
file a pro se response, but he has not filed a pro se response. See Kelly v. State, 436
S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (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 appeals are frivolous and without merit, and we find
nothing in the record that might arguably support the appeals.
Although not an arguable issue, we note that the four judgments adjudicating
guilt recite that the name of the attorney for the defendant was “Pamela
Muhammad,” when the reporter’s record shows her name was “Pamela Segura-
Muhammad.” Accordingly, on our own motion, we modify the section of each
judgment entitled “Attorney for Defendant” to show that the name of the attorney
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for the defendant was “Pamela Segura-Muhammad.” 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.) (same).
As modified, we affirm the trial court’s judgments adjudicating guilt.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
181210F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JUAN VELASQUEZ BENITEZ, On Appeal from the 291st Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F11-53117-U.
No. 05-18-01210-CR V. Opinion delivered by Justice Myers.
Justices Schenck and Carlyle
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
MODIFIED as follows:
* The portion of the judgment entitled “Attorney for Defendant:
Pamela Muhammad” should be changed to read: “Attorney for
Defendant: Pamela Segura-Muhammad.”
As REFORMED, the judgment is AFFIRMED.
Judgment entered this 6th day of April, 2020.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JUAN VELASQUEZ BENITEZ, On Appeal from the 291st Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F11-62850-U.
No. 05-18-01211-CR V. Opinion delivered by Justice Myers.
Justices Schenck and Carlyle
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
MODIFIED as follows:
* The portion of the judgment entitled “Attorney for Defendant:
Pamela Muhammad” should be changed to read: “Attorney for
Defendant: Pamela Segura-Muhammad.”
As REFORMED, the judgment is AFFIRMED.
Judgment entered this 6th day of April, 2020.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JUAN VELASQUEZ BENITEZ, On Appeal from the 291st Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F12-52399-U.
No. 05-18-01212-CR V. Opinion delivered by Justice Myers.
Justices Schenck and Carlyle
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
MODIFIED as follows:
* The portion of the judgment entitled “Attorney for Defendant:
Pamela Muhammad” should be changed to read: “Attorney for
Defendant: Pamela Segura-Muhammad.”
As REFORMED, the judgment is AFFIRMED.
Judgment entered this 6th day of April, 2020.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JUAN VELASQUEZ BENITEZ, On Appeal from the 291st Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F12-55564-U.
No. 05-18-01213-CR V. Opinion delivered by Justice Myers.
Justices Schenck and Carlyle
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
MODIFIED as follows:
* The portion of the judgment entitled “Attorney for Defendant:
Pamela Muhammad” should be changed to read: “Attorney for
Defendant: Pamela Segura-Muhammad.”
As REFORMED, the judgment is AFFIRMED.
Judgment entered this 6th day of April, 2020.
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