Opinion
No. 05-18-00012-CR
06-20-2018
ROGER LEE HOOTON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-75058-P
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Boatright
Roger Lee Hooton waived a jury trial, pleaded guilty to injury to a child causing serious bodily injury, and pleaded true to two enhancement paragraphs. After finding appellant guilty, the trial court sentenced him to life imprisonment. In a single issue, appellant asks us to modify the trial court's judgment because it incorrectly reflects that the sentence assessed was life without parole. The State agrees that a life sentence without parole is not authorized by law and was not assessed by the trial court. We modify the trial court's judgment and affirm as modified.
The record shows that appellant was admonished for and pleaded guilty to the first-degree felony offense of injury to a child causing serious bodily injury. The first-degree-felony punishment range is imprisonment for five to ninety-nine years or life and an optional fine not to exceed $10,000. TEX. PENAL CODE ANN. § 12.32 (West 2011). Due to the enhancement paragraphs contained in the indictment, appellant was admonished as a habitual offender that the punishment range was twenty-five to ninety-nine years or life imprisonment and an optional fine not to exceed $10,000. There is no "life without parole" sentence authorized for the offense of injury to a child. Therefore, we sustain appellant's sole issue.
In a cross-point, the State asks us to also modify the judgment to show that appellant pleaded true to two enhancement paragraphs and that the trial court found the enhancement paragraphs true. The judgment erroneously recites "N/A" for the plea to and the findings on the enhancement paragraphs. The record shows appellant entered pleas of true to both enhancement paragraphs contained in the indictment. The trial court accepted appellant's pleas and found the enhancement paragraphs true when it found appellant guilty and assessed punishment. We sustain the State's cross-point.
We modify several sections of the trial court's judgment as follows:
(1) the section entitled "Plea to 1st Enhancement Paragraph" is modified to show "True,"
(2) the section entitled "Findings on 1st Enhancement Paragraph" is modified to show "True,"
(3) the section entitled "Plea to 2nd Enhancement Paragraph" is modified to show "True,"
(4) the section entitled "Findings on 2nd Enhancement/Habitual Paragraph" is modified to show "True,"
(5) the section entitled "Punishment and Place of Confinement" is modified to show "Life in the Institutional Division. TDCJ."
As modified, we affirm the trial court's judgment.
/Jason Boatright/
JASON BOATRIGHT
JUSTICE Do Not Publish
TEX. R. APP. P. 47 180012F.U05
JUDGMENT
On Appeal from the 203rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F16-75058-P.
Opinion delivered by Justice Boatright. Justices Bridges and Brown participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
The section entitled "Plea to 1st Enhancement Paragraph" is modified to show "True."
The section entitled "Findings on 1st Enhancement Paragraph" is modified to show "True."
The section entitled "Plea to 2nd Enhancement Paragraph" is modified to show "True."
The section entitled "Findings on 2nd Enhancement/Habitual Paragraph" is modified to show "True."
The section entitled "Punishment and Place of Confinement" is modified to show "Life in the Institutional Division, TDCJ."
As modified, we AFFIRM the trial court's judgment. Judgment entered this 20th day of May, 2018.