Garrison v. State

Full title: CLYDE GARRISON, Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 31, 2013

No. 05-12-00986-CR (Tex. App. Jul. 31, 2013)

Opinion

No. 05-12-00986-CR

07-31-2013

CLYDE GARRISON, Appellant v. THE STATE OF TEXAS, Appellee

CAROLYN WRIGHT

Affirmed as Modified and Opinion Filed July 31, 2013

On Appeal from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause No. F09-56536-H

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Myers and Evans

Opinion by Chief Justice Wright

Clyde Garrison appeals from the adjudication of guilt for assault involving family violence, with three previous assault-family violence convictions. S ee TEX. PENAL CODE ANN. § 22.01(a), (b)(2)(A) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2012). The trial court assessed punishment, enhanced by two prior felony convictions, at twenty-five years' imprisonment. In a single issue, appellant contends the judgment adjudicating guilt should be modified to show there was no plea bargain agreement. The State agrees the modification is needed. We modify the trial court's judgment adjudicating guilt and affirm as modified. The record shows that appellant entered an open plea of true to the allegations in the State's motion to adjudicate guilt. The judgment, however, incorrectly states the terms of plea bargain as "25 years penitentiary, no fine." We sustain appellant's sole issue.

We modify the judgment adjudicating guilt to show there was no plea bargain agreement. 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). As modified, we affirm the trial court's judgment adjudicating guilt. Do Not Publish
TEX. R. APP. P. 47
120986F.U05

____________________________

CAROLYN WRIGHT

CHIEF JUSTICE

JUDGMENT

CLYDE GARRISON, Appellant

V. THE STATE OF TEXAS, Appellee No. 05-12-00986-CR

Appeal from the Criminal District Court

No. 1 of Dallas County, Texas (Tr.Ct.No.

F09-56536-H).

Opinion delivered by Chief Justice Wright,

Justices Myers and Evans participating.

Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is MODIFIED as follows:

The section entitled "Terms of Plea Bargain" is modified to show "Open."

As modified, we AFFIRM the trial court's judgment adjudicating guilt.

____________________________

CAROLYN WRIGHT

CHIEF JUSTICE