Baines, Anthony v. State

• Court: Court of Appeals of Texas
• Decided: June 3, 2013
• Docket: 05-12-00792-CR
• Status: Published

Opinion

AFFIRMED as Modified; Opinion Filed June 3, 2013.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00792-CR

ANTHONY BAINES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F11-63373-X

MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Myers

Anthony Baines waived a jury and pleaded guilty to theft of property valued at $1,500 or

more but less than $20,000. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(A) (West 2011).

Appellant also pleaded true to two enhancement paragraphs alleging prior theft convictions. The

trial court assessed punishment at ten years’ imprisonment. In a single issue, appellant contends

the judgment should be modified to show there was no plea bargain agreement. The State agrees

modification is needed. We modify the trial court’s judgment and affirm as modified. Appellant

entered an open plea of guilty to the indictment. The judgment, however, states he pleaded guilty pursuant to a plea bargain agreement. Thus, the judgment is incorrect. We sustain

appellant’s sole issue.

We modify the judgment to show appellant entered an open plea of guilty and there were

no plea bargain terms. 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). As modified, we affirm the trial court’s judgment.

/Lana Myers/ LANA MYERS JUSTICE

Do Not Publish TEX. R. APP. P. 47 120792F.U05

-2- Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

ANTHONY BAINES, Appellant Appeal from the Criminal District Court No. 6 of Dallas County, Texas (Tr.Ct.No. No. 05-12-00792-CR V. F11-63373-X). Opinion delivered by Justice Myers, THE STATE OF TEXAS, Appellee Justices Lang and Evans participating.

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

The section entitled “Terms of Plea Bargain” is modified to show “Open.”

As modified, we AFFIRM the trial court’s judgment.

Judgment entered June 3, 2013.

-3-