Opinion
Nos. 04-08-00164-CR, 04-08-00165-CR, 04-08-00166-CR
Delivered and Filed: May 20, 2009. DO NOT PUBLISH.
Appealed from the 229th Judicial District Court, Duval County, Texas, Trial Court Nos. 06-CRD-95, 06-CRD-96, 06-CRD-97, Honorable Alex William Gabert, Judge Presiding. Judgment Nunc Pro Tunc is Vacated and Original Judgment Reinstated; As Reinstated, All Judgments Affirmed.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
Abel Morin, Jr. was convicted by a jury of burglary of a habitation, aggravated sexual assault, aggravated kidnapping, and two counts of sexual assault of a child. Morin elected punishment by the trial court. The State sought to enhance all counts based upon a previous felony conviction; the trial court found the conviction to be true, and sentenced Morin to five life sentences to run concurrently, including mandatory life on three counts pursuant to subsection 12.42(c)(2) of the Texas Penal Code. Two months later, the trial court issued a Judgment Nunc Pro Tunc (JNPT) amending the judgment for Morin's aggravated kidnapping conviction. Morin appeals the trial court's judgments in three issues, alleging: (1) the trial court erred by entering a JNPT on aggravated kidnapping because the change reflected application of judicial reasoning rather than correction of a clerical error; (2) the trial court erred in sentencing him in accordance with a different subsection of the Penal Code than that under which he was indicted and the jury was charged, and alternatively, that the trial court did not consider the full range of sentencing available under the correct subsection of the Penal Code; and (3) the State failed to prove Morin's prior felony conviction met the appropriate requirements necessary to warrant enhancement of his sentences.