Opinion
No. 05-15-00926-CR No. 05-15-00927-CR
03-07-2016
RANDY DORRELL BRUMFIELD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F13-62165-T, F13-62259-T
MEMORANDUM OPINION
Before Justices Fillmore, Stoddart, and Schenck
Opinion by Justice Fillmore
Randy Dorrell Brumfield waived a jury and pleaded guilty to two charges of aggravated robbery with a deadly weapon. After finding Brumfield guilty, the trial court sentenced him to fifteen years' imprisonment in each case. In two issues, Brumfield contends the trial court's judgments should be modified to show there were no plea bargain agreements. The State agrees the judgments should be modified as Brumfield requests. We modify the trial court's judgments and affirm as modified.
The judgments show the terms of a plea bargain in each case as "15 years TDCJ; No Fine." However, Brumfield entered open guilty pleas to the charges in the indictments. We sustain Brumfield's issues. We modify the trial court's judgment in each case to show the terms of plea bargain are "open." 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 judgments.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE Do Not Publish
TEX. R. APP. P. 47 150926F.U05
JUDGMENT
Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-62165-T).
Opinion delivered by Justice Fillmore, Justices Stoddart and Schenck 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.
Judgment entered March 7, 2016.
JUDGMENT
Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-62259-T).
Opinion delivered by Justice Fillmore, Justices Stoddart and Schenck 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.
Judgment entered March 7, 2016.