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Jones v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 24, 2015
No. 05-14-01262-CR (Tex. App. Apr. 24, 2015)

Opinion

No. 05-14-01262-CR

04-24-2015

DERRICK REYANRD JONES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause No. F14-53159-J

MEMORANDUM OPINION

Before Justices Bridges, Lang, and Schenck
Opinion by Justice Schenck

Derrick Reyanrd Jones waived a jury, pleaded guilty to possession of heroin in an amount of four grams or more but less than 200 grams, and true to an enhancement paragraph alleging a prior felony conviction. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(a), (d) (West 2010). The trial court assessed punishment at twenty-five years' imprisonment. In two issues, appellant contends the trial court's judgment should be modified to reflect the correct degree of the offense and to add the name of one of the attorneys who represented the State. The State agrees the judgment should be modified as appellant requests. We modify the trial court's judgment and affirm as modified.

Although appellant was subject to punishment in the first-degree felony range due to the enhancement paragraph, the offense for which he was convicted is a second-degree felony. The judgment incorrectly states the degree of the offense is a "1st degree felony." Likewise, the judgment omits Blake Reyna as one of the two attorneys who represented State during the proceedings. We sustain appellant's issues. We modify the trial court's judgment to show the degree of the offense is "2nd degree felony" and the attorney for the State was "Brandie Wade and Blake Reyna." 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.

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE
Do Not publish
TEX. R. APP. P. 47
141262F.U05

JUDGMENT

Appeal from the Criminal District Court No. 3 of Dallas County, Texas (Tr.Ct.No. F14-53159-J).
Opinion delivered by Justice Schenck, Justices Bridges and Lang participating.

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

The section entitled "Attorney for State" is modified to show "Brandie Wade and Blake Reyna."

The section entitled "Degree of Offense" is modified to show "2nd Degree Felony."

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


Summaries of

Jones v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 24, 2015
No. 05-14-01262-CR (Tex. App. Apr. 24, 2015)
Case details for

Jones v. State

Case Details

Full title:DERRICK REYANRD JONES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 24, 2015

Citations

No. 05-14-01262-CR (Tex. App. Apr. 24, 2015)