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Baines v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 3, 2013
No. 05-12-00792-CR (Tex. App. Jun. 3, 2013)

Opinion

No. 05-12-00792-CR

06-03-2013

ANTHONY BAINES, Appellant v. THE STATE OF TEXAS, Appellee


AFFIRMED as Modified; Opinion Filed June 3, 2013.

On Appeal from the Criminal District Court No. 6

Dallas County, Texas

Trial Court Cause No. F11-63373-X


MEMORANDUM OPINION


Before Justices Lang, Myers, and Evans

Opinion by Justice Myers

Anthony Baines waived a jury and pleaded guilty to theft of property valued at $1,500 or more but less than $20,000. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(A) (West 2011). Appellant also pleaded true to two enhancement paragraphs alleging prior theft convictions. The trial court assessed punishment at ten years' imprisonment. In a single issue, appellant contends the judgment should be modified to show there was no plea bargain agreement. The State agrees modification is needed. We modify the trial court's judgment and affirm as modified. Appellant entered an open plea of guilty to the indictment. The judgment, however, states he pleaded guilty pursuant to a plea bargain agreement. Thus, the judgment is incorrect. We sustain appellant's sole issue.

We modify the judgment to show appellant entered an open plea of guilty and there were no plea bargain terms. 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.

______________________

LANA MYERS

JUSTICE
Do Not Publish
TEX. R. APP. P. 47

JUDGMENT

ANTHONY BAINES, Appellant

V. THE STATE OF TEXAS, Appellee

No. 05-12-00792-CR


Appeal from the Criminal District Court

No. 6 of Dallas County, Texas (Tr.Ct.No.

F11-63373-X).

Opinion delivered by Justice Myers,

Justices Lang and Evans participating.

Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:

The section entitled "Terms of Plea Bargain" is modified to show "Open."
As modified, we AFFIRM the trial court's judgment.

______________________

LANA MYERS

JUSTICE


Summaries of

Baines v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 3, 2013
No. 05-12-00792-CR (Tex. App. Jun. 3, 2013)
Case details for

Baines v. State

Case Details

Full title:ANTHONY BAINES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 3, 2013

Citations

No. 05-12-00792-CR (Tex. App. Jun. 3, 2013)