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Collins v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 7, 2017
No. 05-17-00122-CR (Tex. App. Nov. 7, 2017)

Opinion

No. 05-17-00122-CR No. 05-17-00123-CR

11-07-2017

DOMINIC JERMAIN COLLINS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 195th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F13-53783-N & F07-15405-N

ORDER

Dominic Jermain Collins was indicted for evading arrest while using a motor vehicle and aggravated robbery with a deadly weapon. In the evading arrest case (F13-53783-N/05-17-00122-CR), appellant pleaded guilty to the charge and true to the enhancement paragraph. After finding the enhancement paragraph true, the trial court deferred adjudication of guilt and placed appellant on community supervision for six years. In December 2016, the State filed a motion to proceed with adjudication of guilt, alleging appellant violated two conditions of his community supervision. Appellant pleaded true, and the trial court adjudicated guilt, sentencing him to two years.

In the aggravated robbery case (F07-15405-N/05-17-00123-CR), appellant pleaded guilty in 2008 before a jury who then assessed punishment at ten years in prison, but recommended he be placed on community supervision. The trial court suspended imposition of sentence and placed him on community supervision for ten years. In December 2016, the State filed a motion to revoke probation. Following a hearing, the trial court revoked his community supervision and sentenced him to ten years in prison.

The judgment in the aggravated robbery case (F07-15405-N/05-17-00123-CR) is a form judgment 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, as detailed above, the record shows the jury found appellant guilty, and the trial court suspended imposition of sentence, placing 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 "TRUE" to the allegations in the State's motion to revoke community supervision. The judgment also states that appellant was sentenced in accordance with the "Terms of Plea Bargain," yet the clerk's record in F07-15405-N does not contain a plea bargain agreement for the revocation proceeding.

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 trial court where wrong judgment forms were used, and directing trial court to enter corrected judgments of conviction that contain all of statutorily mandated information).

Accordingly, the Court ORDERS the trial court to enter a corrected judgment of conviction in trial court cause number F07-15405-N that correctly reflects the trial court's revocation of community supervision and 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 in trial court cause number F07-15405-N to this Court no later than TWENTY DAYS from the date of this order.

These appeals are ABATED to allow the trial court to comply with this order. The appeals shall be reinstated THIRTY DAYS from the date of this order or when the supplemental clerk's record is received, whichever is earlier.

/s/ CRAIG STODDART

JUSTICE


Summaries of

Collins v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 7, 2017
No. 05-17-00122-CR (Tex. App. Nov. 7, 2017)
Case details for

Collins v. State

Case Details

Full title:DOMINIC JERMAIN COLLINS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 7, 2017

Citations

No. 05-17-00122-CR (Tex. App. Nov. 7, 2017)