Opinion
No. 05-16-00854-CR No. 05-16-00855-CR
01-04-2017
JEFFREY NOEL WILCOX, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause Nos. F15-72308-Y , F16-52042-Y
MEMORANDUM OPINION
Before Justices Lang, Brown, and Whitehill
Opinion by Justice Whitehill
Jeffrey Noel Wilcox waived a jury and pleaded guilty to forgery of a government instrument and credit card abuse. After finding appellant guilty, the trial court assessed punishment at two years in prison for forgery of a government instrument and two years confinement in a state jail facility for credit card abuse. In three issues, appellant contends the trial court's judgments should be modified to correct several clerical errors. We modify the trial court's judgments and affirm as modified.
In his first two issues, appellant asks us to modify the trial court's judgments to reflect he entered an open guilty plea to the charges in each indictment. The State agrees the judgments should be modified as appellant requests.
The record shows appellant entered open guilty pleas to the charges in the indictments. We sustain appellant's first two issues. We modify the section of the judgments entitled "terms of plea bargain" to state "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).
In his third issue, appellant asks us to modify the judgment in cause no. 05-16-00855-CR to correct the name of the prosecuting attorney. The State agrees that the judgment should be modified as appellant requests and, in a counter-point, asks that the prosecuting attorney's name in cause no. 05-16-00854-CR also be modified to correct the spelling.
The record shows Jamie Young represented the State during the proceedings. In cause no. 05-16-00855-CR, the judgment incorrectly recites the attorney for the State as "Jamie Fox," and in cause no. 05-16-00854-CR, the judgment incorrectly spells the first name of the attorney for the State as "Jaime." We sustain appellant's third issue and the State's counter-point. We modify the judgment in each case to show the attorney for the State was "Jamie Young." See Bigley, 865 S.W.2d at 27-28; Asberry, 813 S.W.2d at 529-30.
As modified, we affirm the trial court's judgments.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE Do Not Publish
TEX. R. APP. P. 47
160854F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 7, Dallas County, Texas
Trial Court Cause No. F15-72308-Y.
Opinion delivered by Justice Whitehill. Justices Lang and Brown participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
The section entitled "Attorney for State" is modified to show "Jamie Young."
The section entitled "Terms of Plea Bargain" is modified to show "Open."
As modified, we AFFIRM the trial court's judgment. Judgment entered January 4, 2017.
JUDGMENT
On Appeal from the Criminal District Court No. 7, Dallas County, Texas
Trial Court Cause No. F16-52042-Y.
Opinion delivered by Justice Whitehill. Justices Lang and Brown participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
The section entitled "Attorney for State" is modified to show "Jamie Young."
The section entitled "Terms of Plea Bargain" is modified to show "Open."
As modified, we AFFIRM the trial court's judgment. Judgment entered January 4, 2017.