Opinion
05-22-01270-CR
01-29-2024
RODNEY DORSEY, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F21-00547-J
Before Justices Nowell, Carlyle, and Breedlove, J.
MEMORANDUM OPINION
CORY L. CARLYLE JUSTICE.
A grand jury indicted Rodney Dorsey for violating a state attorney protective order. After a trial, a jury convicted Mr. Dorsey, found that the two enhancement paragraphs alleged in the indictment were true, and sentenced him to five years' imprisonment. In a single issue, Mr. Dorsey argues we should reform the judgment to reflect that he pleaded not guilty to the offense and not true to the enhancement paragraphs. The State agrees.
We have the power to modify judgments to speak the truth when provided with the necessary information. Tex.R.App.P. 43.2(b); McDade v. State, 613 S.W.3d 349, 358 (Tex. App.-Dallas 2020, no pet.) (citing Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.-Dallas, pet. ref'd)). The record shows that Mr. Dorsey pleaded not guilty to the offense and not true to the enhancement paragraphs. We modify the judgment accordingly and affirm the judgment as modified.
JUDGMENT
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
The word "NOT" is inserted before the word "GUILTY" under the phrase "Plea to the Offense";
The word "NOT" is inserted between the words "PLEADED" and "TRUE" next to the phrase "1st Enhancement Paragraph"; and
The word "NOT" is inserted between the words "PLEADED" and "TRUE" next to the phrase "2nd Enhancement Paragraph."
As REFORMED, the judgment is AFFIRMED.