Opinion
No. 05-16-01512-CR
02-27-2018
JOHN ARTHUR HILL, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F-1576425-W
ORDER
Appellant was charged with aggravated sexual assault of a child. A jury found him guilty and assessed punishment at 99 years in prison. Appellant filed a notice of appeal and a motion for new trial in the trial court on December 22, 2016. Appellant's brief stated that on February 22, 2017, the trial court signed an order vacating the 99 year sentence and sentencing appellant to 40 years in prison. But the clerk's record filed in this Court on April 18, 2017, did not contain the trial court's February 22, 2017 order or a judgment resentencing appellant, nor did it contain the certification of appellant's right to appeal that should have been completed after the February 22, 2017 order. Accordingly, on February 15, 2018, we ordered the Dallas County District Clerk to file a supplemental clerk's record that contained the trial court's February 22, 2017 order, a judgment resentencing appellant, and the trial court's certification of appellant's right to appeal.
The supplemental clerk's record has been filed in this Court. However, review of the judgment entered by the trial court on February 22, 2017 shows that the judgment incorrectly states, "JUDGMENT OF CONVICTION BY COURT—WAIVER OF JURY TRIAL," when the record shows appellant was convicted by a jury and that the court assessed a 40 year sentence, indicating the wrong judgment form was used. The February 22, 2017 judgment also fails to state that the sex offender registration requirements apply to appellant. Appellant's conviction for aggravated sexual assault of a child is among those defined as a "[r]eportable conviction or adjudication" for purposes of the sex offender registration statute. See TEX. CODE CRIM. PROC. ANN. art. 62.001(5)(A) (conviction based on violation of section 22.021, aggravated sexual assault, is a "[r]eportable conviction or adjudication"). And as alleged in the indictment and proven in this case, the victim was younger than fourteen years of age on the alleged date of the offense. Therefore, as someone who has a reportable conviction or adjudication, appellant would be subject to the registration requirements of the sex offender registration program. See id. art. 62.051(a).
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); Sanchez v. State, Nos. 05-16-01020-CR, 05-16-01021-CR, 05-16-01022-CR, & 05-16-01023-CR, 2017 WL 3276008, at *2 (Tex. App.—Dallas July 31, 2017, no pet.) (mem. op., not designated for publication) (issuing order abating case and directing trial court to sign corrected judgment of conviction that contained all of the statutorily mandated information); Greenwood v. State, No. 05-16-00644-CR, 2017 WL 2590740, at *3 (Tex. App.—Dallas June 14, 2017, no pet.) (mem. op., not designated for publication) (issuing order abating this case and directing the trial court to sign corrected judgment of conviction that contained all of the statutorily mandated information); Felder v. State, No. 03-13-00706-CR & 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 trial court where the wrong judgment forms were used, and directing trial court to sign corrected judgments of conviction that contain all of the statutorily mandated information).
Accordingly, this Court ORDERS the trial court to sign a corrected judgment of conviction in the above cause that contains all of the statutorily mandated information. We ORDER a supplemental clerk's record containing the corrected judgment of conviction to be filed in 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 TEN DAYS from the date of this order or when the supplemental clerk's record is received, whichever is earlier.
/s/ DOUGLAS LANG
PRESIDING JUSTICE