Opinion
No. 05-16-00295-CR
07-14-2017
DAMON ERIC COPELAND, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court Dallas County, Texas
Trial Court Cause No. F09-59137-M
ORDER
Appellant Damon Eric Copeland was indicted for aggravated robbery and he pleaded guilty to the charged offense. The trial court found that the evidence substantiated a finding of guilty but deferred further proceedings without an adjudication of guilt and placed appellant on ten years' community supervision. The State filed a motion to revoke probation and proceed with an adjudication of guilt. At the revocation hearing on March 3, 2016, appellant pleaded true to grounds asserted for revoking his community supervision. The trial court then granted the State's motion, found appellant guilty of the offense of aggravated robbery as charged in the indictment and sentenced him to forty-five years' imprisonment.
Based on a review of the record, the trial court entered a Judgment Revoking Community Supervision but failed to enter a Judgment Adjudicating Guilt. The forms for "Judgment Adjudicating Guilt" and "Judgment Revoking Community Supervision" do not contain the same statutorily mandated terms.
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 or refusal to act prevents the proper presentation of a case to the court of appeals and (2) the trial court can correct its action or failure to act. See TEX. R. APP. P. 44.4(a); Felder v. State, Nos. 03-13-00706-CR and 03-13-00707-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 judgment of conviction to this Court no later than TEN 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 EVANS
PRESIDING JUSTICE