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Garcia v. State

Court of Appeals Fifth District of Texas at Dallas
Dec 28, 2017
No. 05-17-00584-CR (Tex. App. Dec. 28, 2017)

Summary

modifying trial court's judgment to correct spelling of defendant's name; style of case in accord with trial court's modified judgment

Summary of this case from Tiscareno v. State

Opinion

No. 05-17-00584-CR

12-28-2017

MANUEL QUITERIO GARCIA, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-75637-P

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Stoddart

A jury convicted Manuel Quiterio Garcia, upon his plea of guilty, of aggravated robbery. The trial court assessed punishment at sixty years' imprisonment. In a single issue, appellant contends the trial court's judgment should be modified to correctly reflect his name. The State agrees the judgment should be modified as appellant requests. We modify the trial court's judgment and affirm as modified.

Both the indictment and the trial court's judgment recite appellant's name as "Manuel Quiteriogarcia." Letters contained in the record that were written by appellant state his name as "Manuel Quiterio Garcia." Moreover, the District Clerk verified the correct name of the defendant as "Manuel Quiterio Garcia." In his sole issue on appeal, appellant asks us to modify the judgment to show his correct name. We sustain appellant's issue. We modify the trial court's judgment to show appellant's name is "Manuel Quiterio Garcia." TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993) (courts of appeals have authority to modify a judgment); Estrada v. State, 334 S.W.3d 57, 63-64 (Tex. App.—Dallas 2009, no pet.) (same).

As modified, we affirm the trial court's judgment.

/Craig Stoddart/

CRAIG STODDART

JUSTICE Do Not publish
TEX. R. APP. P. 47
170584F.U05

JUDGMENT

On Appeal from the 203rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F15-75637-P.
Opinion delivered by Justice Stoddart. Justices Lang-Miers and Fillmore participating.

Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED to show the name of appellant is "Manuel Quiterio Garcia."

As modified, we AFFIRM the trial court's judgment. Judgment entered this 28th day of December, 2017.


Summaries of

Garcia v. State

Court of Appeals Fifth District of Texas at Dallas
Dec 28, 2017
No. 05-17-00584-CR (Tex. App. Dec. 28, 2017)

modifying trial court's judgment to correct spelling of defendant's name; style of case in accord with trial court's modified judgment

Summary of this case from Tiscareno v. State

modifying trial court's judgment to list correct spelling of defendant's name

Summary of this case from Tiscareno v. State

modifying judgment to reflect defendant's correct name

Summary of this case from Gatewood v. State
Case details for

Garcia v. State

Case Details

Full title:MANUEL QUITERIO GARCIA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 28, 2017

Citations

No. 05-17-00584-CR (Tex. App. Dec. 28, 2017)

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Tiscareno v. State

Our style of the case is in accord with the trial court's modified judgment. See, e.g.,Garcia v. State , No.…

Gatewood v. State

See TEX. R. APP. P. 43.2(b); Garcia v. State, No. 05-17-00584-CR, 2017 WL 6616385 (Tex. App.—Dallas Dec. 28,…