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Tidwell v. State

Court of Appeals Seventh District of Texas at Amarillo
Feb 27, 2018
No. 07-17-00261-CR (Tex. App. Feb. 27, 2018)

Opinion

No. 07-17-00261-CR

02-27-2018

KELLI DAWN TIDWELL, APPELLANT v. THE STATE OF TEXAS, APPELLEE


On Appeal from the 108th District Court Potter County, Texas
Trial Court No. 52,503-E, Honorable Douglas R. Woodburn, Presiding

CONCURRING AND DISSENTING OPINION

Before CAMPBELL and PIRTLE and PARKER, JJ.

I join the Court's opinion to the extent it finds the record reflects no arguably meritorious issue for relief in favor of appellant Tidwell, and so affirms the trial court's judgment of conviction and grants counsel's motion to withdraw. As the Court notes, the State did not file a brief in this appeal. The Court nonetheless sua sponte reforms the judgment in favor of the State. In the absence of any request from the State for reformation of the judgment, I would not do so sua sponte. See Carson v. State, No. 05-14-00595-CR, 2016 Tex. App. LEXIS 8595 (Tex. App.—Dallas Aug. 9, 2016, no pet.) (mem. op., not designated for publication) (reforming judgment to incorporate fine, on cross-point raised by State in appeal); Graham v. State, 693 S.W.2d 29, 30 (Tex. App.—Houston [14th Dist.] 1985, no pet.) (also reforming judgment to reflect assessment of fine, on request of the State). I would affirm the judgment of the trial court without reformation, and so respectfully dissent from the Court's reformation of the judgment.

James T. Campbell

Justice Do not publish.


Summaries of

Tidwell v. State

Court of Appeals Seventh District of Texas at Amarillo
Feb 27, 2018
No. 07-17-00261-CR (Tex. App. Feb. 27, 2018)
Case details for

Tidwell v. State

Case Details

Full title:KELLI DAWN TIDWELL, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: Feb 27, 2018

Citations

No. 07-17-00261-CR (Tex. App. Feb. 27, 2018)