Opinion
11-22-00266-CR
06-13-2024
JESUS TREVINO CASTILLO, Appellant v. THE STATE OF TEXAS, Appellee
Do not publish. See TEX. R. APP. P. 47.2(b).
On Appeal from the 385th District Court Midland County, Texas Trial Court Cause No. CR54219
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM.
Appellant, Jesus Trevino Castillo, was charged by indictment with two counts of aggravated sexual assault of a child and five counts of indecency with a child. See TEX. PENAL CODE ANN. §§ 21.11(a)(1), 22.021(a)(1)(B)(i) (West 2019). The jury convicted Appellant of all seven counts, and the trial court assessed his punishment. Appellant raises two issues on appeal, but we only address one of those issues at this time. In his second issue, Appellant contends that the judgments include clerical errors. The State concedes that Appellant is correct in his contention. Both parties request that we modify the judgments to correct the errors. We abate the appeal.
Upon review of the judgments, it appears that the trial court used the incorrect standardized felony judgment form for each count. See TEX. CODE CRIM. PROC. art. 42.01, § 4 (West Supp. 2023) (A trial court that enters a felony judgment shall use the form promulgated by the Office of Court Administration.). The trial court used the form for a judgment of conviction by a court that includes a waiver of the right to a jury trial, which did not occur in this case. Instead, the trial court was required to use the form for a judgment of conviction by a jury for each count.
We sustain Appellant's second issue. Pursuant to Rule 44.4 of the Texas Rules of Appellate procedure, we abate this appeal and direct the trial court to enter corrected judgments of conviction that reflect the proper standardized felony judgment forms and contain all of the statutorily mandated information. TEX. R. APP. P. 44.4; Felder v. State, No. 03-13-00706-CR, 2014 WL 3560426, at *1 (Tex. App.-Austin July 18, 2014, no pet.) (per curiam) (mem. op.). We further order the district clerk to forward a supplemental clerk's record containing the trial court's corrected judgments within thirty days of the date of this order. Upon the filing of the supplemental clerk's record, this appeal will be reinstated.
As noted by Appellant, the judgments for the aggravated-sexual-assault-of-a-child convictions also incorrectly list the statute of conviction as "TPC 22.0219(a)(1)(B)(i)" rather than Section 22.021(a)(1)(B)(i) of the Texas Penal Code. When entering the corrected judgments of conviction, the trial court must have the judgments reflect the correct statute of conviction for each count.