Andres Dominguez, Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 25, 2023
• Docket: 03-22-00763-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AUGUST 25, 2023

NO. 03-22-00763-CR

Andres Dominguez, Jr., Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 207TH DISTRICT COURT OF COMAL COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES BAKER AND KELLY MODIFIED AND, AS MODIFIED, AFFIRMED -- OPINION BY JUSTICE KELLY

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed

the record and the parties’ arguments, the Court holds that there was no error in the court’s

judgment requiring reversal. However, there was error in the judgment and sentence that

requires correction. Therefore, the Court modifies the trial court’s judgment of conviction to

(1) delete the recited statement under the “Terms of Plea Bargain” heading, and (2) under the

“Degree of Offense” heading, replace the language “third degree enhanced second degree

felony” with “third degree felony (enhanced for punishment to second degree felony).” The

judgment, as modified, is affirmed. Because appellant is indigent and unable to pay costs, no

adjudication of costs is made.