From Casetext: Smarter Legal Research

Copeland v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 16, 2017
No. 05-16-00293-CR (Tex. App. Aug. 16, 2017)

Opinion

No. 05-16-00293-CR No. 05-16-00295-CR

08-16-2017

DAMON ERIC COPELAND, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 194th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F09-54401-M & F09-59137-M

ORDER

These appeals are REINSTATED.

Damon Eric Copeland appeals his convictions for theft of property valued at more than $1500 but less than $20,000 and aggravated robbery with a deadly weapon. A review of the clerk's and reporter's records shows that in trial court cause number F09-59137-M, the aggravated robbery case, appellant pleaded guilty to the charged offense on May 28, 2010. Following a hearing, the trial court found the evidence substantiated a finding of guilt but deferred further proceedings without an adjudication of guilt and placed appellant on ten years' unadjudicated community supervision. That same day, the trial court entered two judgments: one judgment finding appellant guilty of aggravated robbery and assessing punishment at ten years in prison, probated for ten years; and the other judgment deferring adjudication of guilt and placing appellant on ten years deferred probation.

The State later filed a motion to procced with adjudication of guilt. At the March 3, 2016 revocation hearing, appellant pleaded true to the grounds alleged in the State's motion. In open court, the trial court granted the State's motion, found appellant "guilty of aggravated robbery as charged in the indictment," and sentenced him to forty-five years' imprisonment. That same day, the trial court entered a "Judgment Revoking Community Supervision" in trial court cause number F09-59137-M.

Because it appears, based on the clerk's and reporter's records filed in this Court, that the March 3, 2016 written judgment incorrectly revokes community supervision instead of adjudicating appellant's guilt, we abated the appeals on July 14, 2017, and remanded them to the trial court for the sole purpose of entering a judgment in trial court cause number F09-59137-M that correctly reflects that the trial court adjudicated appellant's guilt at the March 3, 2016 hearing. On August 2, 2017, a supplemental clerk's record was filed containing a "Judgment Nunc Pro Tunc" granting additional back time credit to the appellant. The Judgment Nunc Pro Tunc does not, however, adjudicate appellant's guilt.

Accordingly, the Court ORDERS the trial court to enter, in trial court cause number F09-59137-M, a written corrected "Judgment Adjudicating Guilt" that conforms to the trial court's oral pronouncement made March 3, 2016.

We ORDER the trial court to transmit a record, containing the corrected judgment in trial court cause number F09-59137-M, to this Court within TWELVE DAYS of the date of this order.

The appeals are ABATED to allow the trial court to comply with this order. These appeals shall be reinstated twelve days from the date of this order or when the findings are received, whichever is earlier.

/s/ DAVID EVANS

JUSTICE


Summaries of

Copeland v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 16, 2017
No. 05-16-00293-CR (Tex. App. Aug. 16, 2017)
Case details for

Copeland v. State

Case Details

Full title:DAMON ERIC COPELAND, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 16, 2017

Citations

No. 05-16-00293-CR (Tex. App. Aug. 16, 2017)