Opinion
No. 05-19-00211-CR
05-26-2020
MICHAEL DWAYNE NEWMAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause No. F-1162630-J
MEMORANDUM OPINION
Before Justices Whitehill, Osborne, and Carlyle
Opinion by Justice Whitehill
Appellant was convicted of deadly conduct and sentenced to five years in prison, but his sentence was suspended and he was placed on community supervision for five years.
The State subsequently filed a motion to revoke probation, and then amended that motion. The trial court found that appellant violated one of his probation conditions and sentenced appellant to five years in prison.
In a single issue, appellant argues that the judgment should be modified to reflect that he pled "not true" to the revocation allegations. The State agrees that the judgment should be modified.
The judgment reflects that appellant pled "True" to the revocation allegations. But the record shows that appellant pled "Not True." Specifically, appellant's trial counsel stated, "We understand the allegations. We'll waive the reading of the allegations against him and enter a plea of not true to both allegations, your Honor."
We are authorized to reform a judgment to make the record speak the truth when we have the necessary information to do so. Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993).
Here, the record reflects that appellant pled not true to the revocation allegations. We therefore sustain appellant's sole issue and modify the judgment accordingly. As modified, the judgment is affirmed.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
190211F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 3, Dallas County, Texas
Trial Court Cause No. F-1162630-J.
Opinion delivered by Justice Whitehill. Justices Osborne and Carlyle participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED to reflect that Appellant pled "not true" to the enhancement allegations. As REFORMED, the judgment is AFFIRMED. Judgment entered May 26, 2020