CourtListener 10706505•Jude Winsbush v. the State of Texas
Full text
Opinion issued October 16, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-24-00656-CR
NO. 01-24-00657-CR
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JUDE WINBUSH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 482nd District Court
Harris County, Texas
Trial Court Case Nos. 1809408 & 1809409
MEMORANDUM OPINION
Appellant, Jude Winbush, with an agreed punishment recommendation from
the State, pleaded guilty to the felony offenses of assault of a family member1 and
unlawfully carrying a weapon.2 Appellant also pleaded true to the allegations in two
enhancement paragraphs that he had twice been previously convicted of felony
offenses. The trial court then deferred adjudication of his guilt and placed him of
community supervision for seven years for each offense. The State, alleging
numerous violations of the conditions of appellant’s community supervision, later
moved to adjudicate his guilt. After a hearing, the trial court found certain
allegations true, found appellant guilty, and assessed his punishment at confinement
for thirty-five years for each offense, to run concurrently. Appellant timely filed
notices of appeal.
Appellant’s appointed counsel on appeal has filed a motion to withdraw in
each appeal, along with briefs stating that the records present no reversible error and
the appeals are without merit and are frivolous. See Anders v. California, 386 U.S.
738 (1967).
Counsel’s briefs meet the Anders requirements by presenting a professional
evaluation of the records and supplying the Court with references to the records and
1
See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2)(B); see also TEX. FAM. CODE
ANN. § 71.005.
2
See TEX. PENAL CODE ANN. § 46.02(a-7), (e).
2
legal authority. See id. at 744; see also High v. State, 573 S.W.2d 807, 812 (Tex.
Crim. App. 1978). Counsel indicates that she has thoroughly reviewed the record in
each appeal and is unable to advance any grounds of error that warrant reversal. See
Anders, 386 U.S. at 744; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—
Houston [1st Dist.] 2006, no pet.).
Counsel has informed the Court that she provided appellant with a copy of the
Anders briefs, her motions to withdraw, and the appellate records. Counsel also
informed appellant of his right to examine the appellate records and file responses
to counsel’s Anders briefs. Further, counsel provided appellant with a form motion
to access the appellate records and a motion for extension of time to file his Anders
response in each appeal.3 See Kelly v. State, 436 S.W.3d 313, 319–20 (Tex. Crim.
App. 2014); In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).
Appellant filed responses to his counsel’s Anders briefs.
We have independently reviewed the entire record in each appeal, and we
conclude that no reversible error exists in the records, there are no arguable grounds
for review, and the appeals are frivolous. See Anders, 386 U.S. at 744 (emphasizing
3
This Court also notified appellant that counsel had filed Anders briefs and motions
to withdraw and informed appellant that he had a right to examine the appellate
records and file responses to his counsel’s Anders briefs. And this Court provided
appellant with form motions to access the appellate records. See Kelly v. State, 436
S.W.3d 313, 319–22 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 408
(Tex. Crim. App. 2008).
3
reviewing court—and not counsel—determines, after full examination of
proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763,
767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable
grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim.
App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court determines
whether arguable grounds exist by reviewing entire record). We note that appellant
may challenge a holding that there are no arguable grounds for an appeal by filing a
petition for discretionary review in the Texas Court of Criminal Appeals. See
Bledsoe, 178 S.W.3d at 827 & n.6.
Although not an arguable ground for reversal, counsel notes in her Anders
briefs that the trial court’s judgment in each case fails to show that appellant “pled
true to two enhancement paragraphs regarding two prior convictions[] and that the
[trial] [c]ourt found the[] allegations true.” See, e.g., Duffey v. State, Nos.
05-17-01446-CR, 05-17-01448-CR, 2018 WL 3723132, at *1 (Tex. App.—Dallas
Aug. 6, 2018, no pet.) (mem. op., not designated for publication). Here, when
appellant pleaded guilty to the felony offenses of assault of a family member and
unlawfully carrying a weapon, he also pleaded true to the allegations in two
enhancement paragraphs in the indictments that he had twice been previously
convicted of felony offenses and the trial found those allegations true. At the hearing
on the State’s motions to adjudicate appellant’s guilt, the trial court reiterated that
4
appellant had “pled true to two enhancement paragraphs . . . at the time of [his]
plea[s]” and that it “ha[d] already found those to be true,” and it sentenced appellant
accordingly. See TEX. PENAL CODE ANN. § 12.42(d) (“Penalties for Repeat and
Habitual Felony Offenders on Trial for First, Second, or Third Degree Felony”); see
also Duffey, 2018 WL 3723132, at *1.
“[A]ppellate court[s] ha[ve] the power to correct and reform a trial court
judgment ‘to make the record speak the truth when [they] ha[ve] the necessary data
and information to do so[] or make any appropriate order as the law and nature of
the case may require.’” Nolan v. State, 39 S.W.3d 697, 698 (Tex. App.—Houston
[1st Dist.] 2001, no pet.) (quoting Asberry v. State, 813 S.W.2d 526, 529 (Tex.
App.—Dallas 1991, pet ref’d)). This is true no matter who, or if anyone, has called
the matter to the attention of the appellate court. See French v. State, 830 S.W.2d
607, 609 (Tex. Crim. App. 1992); Dromgoole v. State, 470 S.W.3d 204, 226 (Tex.
App.—Houston [1st Dist.] 2015, pet. ref’d).
Accordingly, we modify the trial court’s judgments adjudicating guilt to show
that appellant pleaded true to the allegations in two enhancement paragraphs and that
the trial court found the allegations in the enhancement paragraphs to be true. See
TEX. R. APP. P. 43.2(b); Duffey, 2018 WL 3723132, at *1; see also Bigley v. State,
865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993) (courts of appeals have authority to
modify a judgment). Specifically, we modify the judgment in each case to add
5
sections stating: “1st Enhancement Paragraph: Pleaded True,” “Finding on 1st
Enhancement Paragraph: True,” “2nd Enhancement Paragraph: Pleaded True,” and
“Finding on 2nd Enhancement Paragraph: True.” See Duffey, 2018 WL 3723132, at
*1.
Conclusion
We affirm the judgments of the trial court as modified and grant appellant’s
appointed counsel’s motion to withdraw in each appeal.4 Attorney Anne More
Burnham must immediately send appellant the required notice and file a copy of the
notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c). We dismiss any other
pending motions as moot.
PER CURIAM
Panel consists of Justices Guerra, Guiney, and Johnson.
Do not publish. TEX. R. APP. P. 47.2(b).
4
Appellant’s counsel still has a duty to inform appellant of the result of the appeals
and that appellant may, on his own, pursue discretionary review in the Texas Court
of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App.
1997).
6
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