Opinion
No. 05-99-00624-CR
Opinion Filed July 16, 2003 Do Not Publish
On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause No. F97-37227-KJ. AFFIRM as REFORMED
Before Justices Whittington, Wright, and Moseley
MEMORANDUM OPINION
In this case, France Troymel Lawson appeals the trial court's judgment adjudicating guilt. In a single point of error, appellant contends the trial court's judgment does not accurately reflect the amount of credit he was entitled to have applied towards his sentence. The facts are well-known to the parties; thus we do not recite them here. Because all dispositive issues are clearly settled in law, we issue this memorandum opinion. See Tex.R.App.P. 47.1. We sustain appellant's point of error and, as modified, affirm the trial court's judgment. Appellant is entitled to credit against his sentence for the time he was confined in this cause from the date of his arrest until his sentencing. See Tex. Code Crim. Proc. Ann. art. 42.03, § 2(a) (Vernon Supp. 2003). We have the authority to modify incorrect judgments when we have sufficient information to do so. See Tex.R.App.P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27 (Tex.Crim.App. 1993); Asberry v. State, 813 S.W.2d 526, 529 (Tex.App.-Dallas 1991, pet. ref'd). Here, appellant testified that after his first plea hearing, he was sent to "boot camp, but when [he] got to [the] diagnostic unit . . . they said [he] couldn't go . . . so they sent [him] to the Walls Unit and [he] stayed in there for four months and then they called [him] back down here." Appellant's first hearing was on December 5, 1997. The second plea hearing was on March 9, 1998, at which time he was placed on deferred adjudication probation. The State does not dispute that appellant was jailed between the two plea hearings. The judgment credits appellant for time served from "9-27-97/12-22-97; 3-5-98/3-9-98; 1-7-99/4-6-99." Thus, the judgment does not award appellant credit for his confinement between December 22, 1997 and March 5, 1998. Because the judgment fails to award appellant credit for all time served, we reform the judgment to read that appellant will receive credit for time served from September 27, 1997 until March 9, 1998 and from January 7, 1999 until April 6, 1999. As reformed, we affirm the trial court's judgment.
The State maintains the record does not contain sufficient data to reform the judgment. It does not, however, dispute that appellant was incarcerated in the Walls Unit until his second plea hearing.