Opinion
No. 05-04-00891-CR
Opinion Filed February 28, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 5 Dallas County, Texas, Trial Court Cause No. F01-00562-PL. Affirmed.
Before Justices MORRIS, FRANCIS, and LANG-MIERS.
OPINION
Allan Vaughn waived a jury trial and entered a negotiated guilty plea to robbery. See Tex. Pen. Code Ann. § 29.02 (Vernon 2003). Pursuant to the plea bargain agreement, the trial court sentenced appellant to ten years in prison, probated for eight years, and assessed a $2500 fine. The State later moved to revoke appellant's community supervision, alleging six violations. Appellant pleaded true to the allegations in a hearing on the motion. The trial court found the allegations true, revoked appellant's community supervision, and sentenced him to eight years in prison. In a single point of error, appellant contends he is entitled to additional back-time credit. The State agrees that appellant should receive additional back-time credit. The record shows appellant was in jail from October 21, 2000 to January 18, 2001 on the original indictment for this offense. Appellant bonded out of jail on January 18, 2001, was re-indicted in March 2001, and was sentenced and placed on probation in June 2001. On June 1, 2004, appellant's probation was revoked and he was sentenced to eight years confinement. The trial court's judgment gives appellant back-time credit from February 17, 2004, the date he was arrested on probation violations, until June 1, 2004, the date he was sentenced. It does not give credit for the time between appellant's original arrest until he made bail. In criminal cases, the trial judge shall give credit on a defendant's sentence for the time he has spent in jail on said cause, other than as a condition of community supervision, from the time of defendant's arrest and confinement until his sentence by the trial court. Tex. Code Crim. Proc. Ann. art. 42.03, § 2(a) (Vernon Supp. 2004-05). Appellant was entitled to back-time credit from his arrest until he posted bond. Thus, the judgment is incorrect. We sustain appellant's sole issue. We have the power to modify incorrect judgments when we have the necessary information to do so. 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). We modify the trial court's judgment to show an additional back-time credit from October 21, 2000 to January 18, 2001. As modified, we affirm the trial court's judgment.