Ajaphrey Patrice Austin v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 19, 2021
• Docket: 05-20-00251-CR
• Status: Published

Opinion

Affirmed as Modified and Opinion Filed May 19, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00251-CR No. 05-20-00252-CR

AJAPHREY PATRICE AUSTIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F-1560003-X, F-1439191-X

MEMORANDUM OPINION Before Justices Myers, Osborne, and Carlyle Opinion by Justice Osborne

In October 2014, appellant Ajaphrey Patrice Austin entered into a plea

agreement with the State and pled guilty to the offense of aggravated assault with a

deadly weapon.1 See TEX. PENAL CODE ANN. § 22.02. In accordance with the plea

agreement, the trial court placed appellant on five years’ deferred adjudication

community supervision and fined appellant $500.00 as a condition of probation.

1 Cause No. F-1439191-X/05-20-00252-CR. In May 2016, appellant entered an open plea of guilty to the offense of

robbery.2 See id. § 29.02. The trial court placed appellant on ten years’ deferred

adjudication community supervision.

In October 2019, the State filed in each case an amended motion to proceed

with an adjudication of guilt, alleging various violations of the terms of appellant’s

community supervision.

On January 27, 2020, appellant, without the benefit of a plea agreement with

the State, entered a plea of true to the allegations in the amended motions to

adjudicate. At the conclusion of the hearing, the trial court accepted appellant’s plea

of true, adjudicated her guilty, and sentenced her to a term of six years’ confinement

in the Institutional Division of the Texas Department of Criminal Justice in each

case with the sentences to run concurrently. Appellant filed a motion for new trial

and notice of appeal in each case.

Appellant asserts a single issue on appeal: appellant requests that this Court

modify the judgment in each case to reflect the correct spelling of the prosecutor’s

name. In each case, the judgment adjudicating guilt spells the prosecutor’s name as

“Hillary Wright.” Appellant contends the correct spelling of the prosecutor’s name

is “Hilary Wright.” The State agrees the judgments should be modified.

2 Cause No. F-1560003-X/05-20-00251-CR. –2– We are authorized to reform a judgment to make the record speak the truth

when we have the necessary data and information to do so. See TEX. R. APP. P.

43.2(b); Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993); Asberry v. State,

813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref’d) (en banc). The record

supports the requested modification. We, therefore, sustain appellant’s sole issue

and modify the judgments to correctly spell the prosecutor’s name as “Hilary

Wright.”

Accordingly, as modified, we affirm the trial court’s judgments.

/Leslie Osborne// LESLIE OSBORNE 200251f.u05 JUSTICE

200252f.u05

DO NOT PUBLISH TEX. R. APP. P. 47.2(b)

–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

AJAPHREY PATRICE AUSTIN, On Appeal from the Criminal District Appellant Court No. 6, Dallas County, Texas Trial Court Cause No. F-1560003-X. No. 05-20-00251-CR V. Opinion delivered by Justice Osborne. Justices Myers and Carlyle THE STATE OF TEXAS, Appellee participating.

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

the trial court’s judgment adjudicating guilt is modified to correctly spell the prosecutor’s name as Hilary Wright. As REFORMED, the judgment is AFFIRMED.

Judgment entered this 19th day of May 2021.

–4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

AJAPHREY PATRICE AUSTIN, On Appeal from the Criminal District Appellant Court No. 6, Dallas County, Texas Trial Court Cause No. F-1439191-X. No. 05-20-00252-CR V. Opinion delivered by Justice Osborne. Justices Myers and Carlyle THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED as follows: the trial court’s judgment adjudicating guilt is modified to correctly spell the prosecutor’s name as Hilary Wright.

As REFORMED, the judgment is AFFIRMED.

–5–