Opinion
05-21-00716-CR
01-10-2023
DIEGO ARMANDO HERNANDEZ-MUNOZ, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F-1976763-Q.
Before Molberg, Partida-Kipness, and Carlyle, Justices.
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE.
Diego Hernandez-Munoz appeals his conviction of continuous sexual abuse of a child. After a jury found him guilty, the court sentenced him to forty-five years' imprisonment. We affirm in this memorandum opinion.
Appellate counsel for Mr. Hernandez-Munoz has filed a brief purporting to raise a single appellate "issue". The brief includes a section describing "References to the Record," a "Statement of the Case," and a "Statement of the Issue." The brief then describes the "Applicable Statute and Relevant Law." It describes "The Outcry Hearing," and then includes a lengthy "Statement of Facts" relating, over twenty- five pages, the evidence introduced during the guilt and punishment phases. Counsel has not filed a motion to withdraw. Cf. Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978).
The brief raises a single "issue," supported by one page of argument for the claim that the judgment should be modified to reflect the "name of the correct judge that presided over the proceedings," Judge Molly Francis. We order that portion of the judgment modified to speak the truth by striking "Tammy Kemp" and replacing it with "Molly Francis".
See Allison v. State, 609 S.W.3d 624, 625, 628 (Tex. App.-Waco 2020) (order per curiam) (classifying this as "non-reversible error" and noting that counsel may include claims based on non-reversible error in Anders briefs).
This Court "has the power to correct and reform the judgment of the court below to make the record speak the truth when it has the necessary data and information to do so." Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.-Dallas 1991, pet. ref'd); accord Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993).
Having dispensed with the sole issue before us, we affirm the judgment as modified.
JUDGMENT
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
We remove the name "Tammy Kemp" from the portion of the judgment describing the "Judge Presiding" and replace it with the name "Molly Francis."
As REFORMED, the judgment is AFFIRMED.