Opinion
No. 05-16-00645-CR
05-19-2017
LARRY DONELL SMALLWOOD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas
Trial Court Cause No. F11-71137-J
MEMORANDUM OPINION
Before Justices Fillmore, Whitehill, and Boatright
Opinion by Justice Boatright
Larry Donell Smallwood appeals his conviction for assault involving family violence, with a prior assault involving family violence conviction. In a single issue, appellant contends the judgment adjudicating guilt should be modified to reflect there was no plea bargain agreement. The State agrees that the judgment should accurately reflect there was no plea bargain agreement in this case. We modify the trial court's judgment adjudicating guilt and affirm as modified.
The record shows appellant entered an open plea of true to the allegations in the State's motion to adjudicate guilt that alleged four violations of community supervision. After hearing appellant's testimony, the trial court granted the State's motion, adjudicated appellant guilty, and assessed punishment at three years' imprisonment. The written judgment incorrectly recites terms of a plea bargain agreement as "3 Years TDCJ." We sustain appellant's sole issue. We modify the section of the judgment entitled "terms of plea bargain" to state "open." TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993); Estrada v. State, 334 S.W.3d 57, 63-64 (Tex. App.—Dallas 2009, no pet.).
As modified, we affirm the trial court's judgment adjudicating guilt.
/Jason Boatright/
JASON BOATRIGHT
JUSTICE Do Not Publish
TEX. R. APP. P. 47 160645F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 3, Dallas County, Texas
Trial Court Cause No. F11-71137-J.
Opinion delivered by Justice Boatright. Justices Fillmore and Whitehill participating.
Based on the Court's opinion of this date, the judgment adjudicating guilt of the trial court is MODIFIED to show:
The section entitled "Terms of Plea Bargain" is modified to show "Open."
As modified, we AFFIRM the trial court's judgment adjudicating guilt. Judgment entered this 19th day of May, 2017.