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Sanchez v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 24, 2014
No. 05-13-01757-CR (Tex. App. Nov. 24, 2014)

Opinion

No. 05-13-01757-CR

11-24-2014

JOE SANCHEZ, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause No. F13-56498-Y

MEMORANDUM OPINION

Before Justices O'Neill, Fillmore, and Brown
Opinion by Justice Fillmore

Joe Sanchez waived a jury and pleaded guilty to aggravated assault with a deadly weapon involving family violence. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2014). The trial court assessed punishment at fifteen years' imprisonment. In a single issue, Sanchez contends the trial court's judgment should be modified to show he entered an open plea of guilty. We modify the trial court's judgment and affirm as modified.

The record shows Sanchez entered an open guilty plea to the charges in the indictment. The judgment, however, incorrectly recites plea bargain terms as "15 years penitentiary." We sustain Sanchez's sole issue. We modify the judgment to delete "15 years Penitentiary" from the "terms of plea bargain" section. 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 judgment.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131757F.U05

JUDGMENT

Appeal from the Criminal District Court No. 7 of Dallas County, Texas (Tr.Ct.No. F13-56498-Y).
Opinion delivered by Justice Fillmore, Justices O'Neill and Brown participating.

Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:

Delete "15 Years Penitentiary" from section entitled "Terms of Plea Bargain."



As modified, we AFFIRM the trial court's judgment.


Summaries of

Sanchez v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 24, 2014
No. 05-13-01757-CR (Tex. App. Nov. 24, 2014)
Case details for

Sanchez v. State

Case Details

Full title:JOE SANCHEZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 24, 2014

Citations

No. 05-13-01757-CR (Tex. App. Nov. 24, 2014)