Opinion
05-21-00685-CR
01-06-2022
JOSE EDUARDO ANGUIANO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F16-59903-O
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
We REINSTATE this appeal.
We abated for a hearing to determine whether the trial court's January 16, 2018 judgment was incorrect and should be corrected. On December 22, 2021, a supplemental clerk's record was filed containing the trial court's December 14, 2021 findings of fact. We ADOPT the trial court's findings that (1) the trial court's orally pronounced appellant's sentence as imprisonment for 18 years and admonished appellant that he had a lifetime duty to register as a sex offender, (2) the written judgment incorrectly reflects a sentence of 8 years and that appellant has no duty to register as a sex offender, and (3) the existing judgment is on a form not normally used to memorialize a judgment rendered under the circumstances in this case.
Although we ordered the trial court to enter a corrected judgment in the event the existing judgment was incorrect, to date, no corrected judgment has been signed or filed with this Court. Therefore, we ORDER (1) the Honorable Raquel Jones, Presiding Judge, 203rd Judicial District Court, to enter a corrected judgment that reflects the trial court's oral pronouncements using a form normally used to memorialize a judgment rendered under the circumstances of this case and (2) Felicia Pitre, Dallas County District Clerk to file a supplemental clerk's record with the corrected judgment WITHIN TEN DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Raquel Jones, Presiding Judge, 203rd Judicial District Court; to Felicia Pitre, Dallas County District Clerk; to Christina O'Neil, Chief Judicial Staff Counsel, Criminal District Courts; and to counsel for all parties.
We again ABATE this appeal so the trial court may enter the corrected judgment. The appeal will be reinstated when the supplemental clerk's record is filed or the Court deems it appropriate to do so.