Opinion
No. 05-16-00644-CR
05-08-2017
JOHNNIE RAY GREENWOOD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause No. F12-60579-V
ORDER
Appellant Johnnie Ray Greenwood was indicted for burglary of a building enhanced by two prior state jail felony convictions. He pleaded guilty to the charged offense and pleaded true to the enhancement paragraphs. In accordance with the plea agreement, the trial court found appellant guilty, found the enhancement paragraphs true, and sentenced appellant to ten years' imprisonment. The court suspended imposition of sentence and placed appellant on ten years' community supervision. The State subsequently filed a motion to revoke. At the revocation hearing, appellant pleaded "not true" to each of the ten alleged violations. The trial court found only the second alleged violation "true," i.e., that appellant was driving while intoxicated. The court revoked appellant's community supervision and sentenced him to ten years' imprisonment. Appellant filed a motion for new trial, which the trial court denied, and a notice of appeal.
The judgment in this case is the one used in proceedings adjudicating guilt of a defendant placed on deferred adjudication community supervision under article 42.12, section 5 of the Texas Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. art. 42.12, § 5. But the record in this appeal shows the trial court suspended imposition of sentence and placed appellant on community supervision under article 42.12, section 3. Id. art. 42.12, § 3. The forms for a "Judgment Adjudicating Guilt" and a "Judgment Revoking Community Supervision" do not contain the same terms. The "Judgment Adjudicating Guilt" prepared in this case includes, for example, the following inapplicable statements: "The Court previously deferred adjudication of guilt in this case," "[t]he court DEFERRED further proceedings, made no finding of guilt, and rendered no judgment," and "the Court GRANTS the State's Motion to Adjudicate the Defendant's Guilt in the above cause." Additionally, the judgment incorrectly states that appellant's "Plea to Motion to Adjudicate" was "TRUE" when the reporter's record shows appellant pleaded "NOT TRUE" to the allegations in the State's motion to revoke. The judgment also incorrectly states that appellant was sentenced in accordance with the "Terms of Plea Bargain."
The Texas Rules of Appellate Procedure require that we not affirm or reverse a judgment or dismiss an appeal if (1) the trial court's erroneous action or failure to act prevents the proper presentation of a case to the court of appeals and (2) the court can correct its action or failure to act. See TEX. R. APP. P. 44.4(a); 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., not designated for publication) (abating appeals and remanding cases to the trial court where the wrong judgment forms were used, and directing trial court to enter corrected judgments of conviction that contain all of the statutorily mandated information).
Accordingly, the Court ORDERS the trial court to enter a corrected judgment of conviction in the above cause that contains all of the statutorily mandated information. We ORDER the trial court to transmit a supplemental clerk's record containing the corrected judgment of conviction to this Court no later than TWENTY DAYS from the date of this order.
This appeal is ABATED to allow the trial court to comply with this order. The appeal shall be reinstated THIRTY DAYS from the date of this order or when the supplemental clerk's record is received, whichever is earlier.
/s/ DAVID L. BRIDGES
PRESIDING JUSTICE