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Johnson v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 11, 2007
No. 05-06-01595-CR (Tex. App. Sep. 11, 2007)

Opinion

No. 05-06-01595-CR

Opinion Filed September 11, 2007. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause No. F05-73212-KH.

Before Justices WRIGHT, RICHTER, and LANG.


OPINION


Donald Ray Johnson waived a jury and pleaded not guilty to aggravated assault with a deadly weapon, family violence. After finding appellant guilty and finding two enhancement paragraphs true, the trial court assessed punishment at forty-five years' imprisonment. In a single point of error, appellant contends the trial court's judgment should be modified to remove the term "open plea." We affirm the trial court's judgment as modified. Appellant argues that because the term "open plea" refers to a non-negotiated guilty plea and not in cases involving a not guilty plea, the term should be removed from the trial court's judgment. The record shows appellant entered a not guilty plea, after which the trial court conducted a trial on the merits. We sustain appellant's sole point of error. We modify the trial court's judgment to show there were no plea bargain terms. 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.


Summaries of

Johnson v. State

Court of Appeals of Texas, Fifth District, Dallas
Sep 11, 2007
No. 05-06-01595-CR (Tex. App. Sep. 11, 2007)
Case details for

Johnson v. State

Case Details

Full title:DONALD RAY JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 11, 2007

Citations

No. 05-06-01595-CR (Tex. App. Sep. 11, 2007)