Opinion
No. 05-16-00657-CR
01-04-2017
NICKOLAS RAMON BROOKS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-00623-T
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Stoddart
Opinion by Justice Stoddart
Nickolas Ramon Brooks appeals his conviction, following adjudication of his guilt, for aggravated assault with a deadly weapon. In a single issue, appellant contends the judgment adjudicating guilt should be modified to show the conditions of community supervision he was found to have violated. We modify the trial court's judgment adjudicating guilt and affirm as modified.
The State's December 14, 2015 amended motion to adjudicate alleged appellant violated nine conditions of community supervision, including condition (D) failing to report, condition (O) failing to participate in BIPP as directed, and condition (U) failing to participate in the Felony Domestic Violence Court program as directed. At a hearing on the motion, the State abandoned the other six allegations and proceeded on the three violations mentioned above. Appellant pleaded true to violating conditions (D), (O), and (U), and the trial court found those allegations true. The trial court adjudicated appellant guilty and assessed punishment at twelve years' imprisonment.
Appellant asks that we modify the judgment adjudicating guilt to correctly reflect the conditions of community supervision he violated. The State agrees the judgment should be modified in the manner appellant requests.
The judgment adjudicating guilt incorrectly recites that appellant pleaded true to the State's "original motion to adjudicate guilt." Accordingly, we sustain appellant's sole issue. We modify the judgment adjudicating guilt to show the trial court found appellant violated conditions (D), (O), and (U) as set out in the State's amended motion to adjudicate guilt. 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).
Further, the trial court's judgment adjudicating guilt incorrectly reflects there was a plea bargain agreement. The record shows appellant entered an open plea of true to the allegations recited in the amended motion to adjudicate. Accordingly, we modify the section of the judgment entitled "terms of plea bargain" to state "open." 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 judgment adjudicating guilt.
/Craig Stoddart/
CRAIG STODDART
JUSTICE Do Not Publish
TEX. R. APP. P. 47
160657F.U05
JUDGMENT
On Appeal from the 283rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F13-00623-T.
Opinion delivered by Justice Stoddart. Justices Francis and Fillmore participating.
Based on the Court's opinion of this date, the judgment adjudicating guilt of the trial court is MODIFIED as follows:
The section entitled "Terms of Plea Bargain" is modified to show "Open."
The section entitled "(5)While on community supervision, Defendant violated" is modified to show "(5) While on community supervision, Defendant violated conditions (D), (O), and (U) of community supervision as set out in the State's amended motion to adjudicate guilt."
As modified, we AFFIRM the trial court's judgment adjudicating guilt. Judgment entered this 4th day of January, 2017.