Opinion
No. 05-10-01110-CR No. 05-10-01111-CR
03-28-2012
KELVIN LEON LANG, Appellant v. THE STATE OF TEXAS, Appellee
Affirmed as Modified; Opinion Filed March 28, 2012.
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F07-48195-R, F08-61516-R
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Bridges and Myers
Opinion By Chief Justice Wright
Kelvin Leon Lang appeals two convictions for burglary of a habitation. In a single issue, appellant contends the trial court's judgments should be modified to correct an error regarding his plea to the allegation in the motions to revoke. We modify the trial court's judgments and affirm as modified. The background of the cases and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the cases is well settled.
Appellant waived a jury and pleaded guilty to two burglary of a habitation offenses. See Tex. Penal Code Ann. § 30.02(a)(1) (West 2011). In the first case, the trial court found appellant guilty and assessed punishment, enhanced by a prior felony conviction, at ten years' imprisonment, probated for seven years. In the second case, the trial court deferred adjudicating guilt, placed appellant on seven years' community supervision, and assessed a $1,500 fine. The State later moved to revoke appellant's community supervision in the first case and to adjudicate his guilt in the second case. In its motions, the State alleged appellant violated the following conditions: (a) by committing a new burglary offense; (b) by testing positive for alcohol and cocaine; (k) and (l) by failing to pay fees. In a hearing on the motions, appellant pleaded not true to violating condition (a) and pleaded true to violating conditions (b), (k), and (l). The trial court found appellant violated conditions (a) and (b), revoked appellant's community supervision in the first case and adjudicated appellant guilty in the second case, and assessed punishment at ten years' and twenty-five years' imprisonment, respectively.
In a single issue, appellant asks this Court to modify the judgments to show he pleaded not true to allegation (a) in each of the State's motions. The records show appellant pleaded not true to violating condition (a) and pleaded true to violating conditions (b), (k), and (l). The judgment revoking community supervision and the judgment adjudicating guilt recite appellant pleaded true to the motions. Thus, the judgments are incorrect. We sustain appellant's sole issue.
We modify the judgments to show appellant pleaded not true to condition (a) and true to conditions (b), (k), and (l). 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 judgments.
CAROLYN WRIGHT
CHIEF JUSTICE
Do Not Publish
Tex. R. App. P. 47
101110f.u05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
KELVIN LEON LANG, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-10-01110-CR
Appeal from the 265th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F07- 48195-R).
Opinion delivered by Chief Justice Wright, Justices Bridges and Myers participating.
Based on the Court's opinion of this date, the trial court's judgment revoking community supervision is MODIFIED as follows:
The section entitled “Plea to Motion to Revoke” is modified to show “Not True Condition (a) and True Conditions (b), (k), (l).”
As modified, we AFFIRM the trial court's judgment revoking community supervision.
Judgment entered March 28, 2012.
CAROLYN WRIGHT
CHIEF JUSTICE
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
KELVIN LEON LANG, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-10-01111-CR
Appeal from the 265th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F08- 61516-R).
Opinion delivered by Chief Justice Wright, Justices Bridges and Myers participating.
Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is MODIFIED as follows:
The section entitled “Plea to Motion to Adjudicate” is modified to show “Not True Condition (a) and True Conditions (b), (k), (l).”
As modified, we AFFIRM the trial court's judgment adjudicating guilt.
Judgment entered March 28, 2012.
CAROLYN WRIGHT
CHIEF JUSTICE