Opinion
No. 05-19-01040-CR No. 05-19-01041-CR No. 05-19-01042-CR
11-04-2020
JOE ANGEL RODRIGUEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F18-17189-R , F18-76663-R & F18-17190-R
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Evans
Opinion by Justice Nowell
Joe Angel Rodriguez pleaded guilty to three aggravated robbery offenses, and the judge sentenced him to 40 years' confinement in each case. In four issues, appellant requests we delete duplicative court costs from two judgments and modify two judgments to reflect the correct offense date. The State agrees. We modify each judgment and affirm as modified.
In his first and second issues, appellant requests we delete the duplicative court costs from the judgments in appellate cause numbers 05-19-01041-CR and 05- 19-01042-CR. Appellate courts may modify a trial court's judgment and affirm it as modified. See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993). This Court "has the power to correct and reform the judgment of the court below to make the record speak the truth when it has the necessary data and information to do so." Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, writ ref'd). Appellate courts may reform trial court judgments where "the evidence necessary to correct the judgment appears in the record." Id. If a clerical error in the trial court's judgment is brought to our attention, we have a "mandatory duty" to correct it. Id.
"In a single criminal action in which the defendant is convicted of two or more offenses or of multiple counts of the same offense, the court may assess each court cost or fee only once against the defendant." TEX. CODE CRIM. PROC. ANN. art. 102.073(a). For purposes of this rule, a person convicted of more than one offense in the same trial is convicted of those offenses in a "single criminal action." Burton v. State, No. 05-18-00608-CR, 2019 WL 3543580, at *3 (Tex. App.—Dallas Aug. 5, 2019, no pet.) (citing Hurlburt v. State, 506 S.W.3d 199, 201-04 (Tex. App.—Waco 2016, no pet.)). When two or more convictions arise from a single criminal action, "each court cost or fee the amount of which is determined according to the category of offense must be assessed using the highest category of offense that is possible based on the defendant's convictions." TEX. CODE CRIM. PROC. ANN. art. 102.073(b). A claim challenging the bases of assessed court costs can be raised for the first time on appeal. Johnson v. State, 423 S.W.3d 385, 390-91 (Tex. Crim. App. 2014); see also Burton, 2019 WL 3543580, at *3.
The record shows the trial court assessed court costs of $220 in each case even though the cases were presented in a single plea proceeding. We sustain appellant's first and second issues and modify the judgments in appellate cause numbers 05-19-01041-CR and 05-19-01042-CR to delete the $220 in duplicative court costs.
In his third and fourth issues, appellant requests we modify the judgments in appellate cause numbers 05-19-01040-CR and 05-19-01042-CR to reflect the correct offense dates. The judgments in appellate cause numbers 05-19-01040-CR and 05-19-01042-CR state the offenses occurred on November 12, 2018. However, the record shows the correct date of the offense is November 11, 2018. We sustain appellant's third and fourth issues. For the judgments in appellate cause numbers 05-19-01040-CR and 05-19-01042-CR, under the heading "Date of Offense," we change the entries of "11/12/18" to "11/11/18."
We modify each judgment as described above and affirm as modified.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
191040F.U05
JUDGMENT
On Appeal from the 265th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F-1817189-R.
Opinion delivered by Justice Nowell. Justices Myers and Evans participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
Under the heading "Date of Offense," we change the entry of "11/12/18" to "11/11/18." As REFORMED, the judgment is AFFIRMED. Judgment entered this 4th day of November, 2020.
JUDGMENT
On Appeal from the 265th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F-1876663-R.
Opinion delivered by Justice Nowell. Justices Myers and Evans participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
Under the heading "Court Costs," we delete the amount of $220. As REFORMED, the judgment is AFFIRMED. Judgment entered this 4th day of November, 2020.
JUDGMENT
On Appeal from the 265th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F-1817190-R.
Opinion delivered by Justice Nowell. Justices Myers and Evans participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
Under the heading "Date of Offense," we change the entry of "11/12/18" to "11/11/18."
Under the heading "Court Costs," we delete the amount of $220. As REFORMED, the judgment is AFFIRMED. Judgment entered this 4th day of November, 2020.