Carlos Topps v. State

• Court: Court of Appeals of Texas
• Decided: November 7, 2019
• Docket: 02-19-00072-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-19-00072-CR

CARLOS TOPPS, Appellant § On Appeal from the 211th District Court

§ of Denton County (F18-755-211)

V. § November 7, 2019

§ Per Curiam

THE STATE OF TEXAS § (nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in part of the trial court’s judgment. We modify the wording of the special

finding at the top of page 3 of the judgment to accurately reflect the jury’s finding in

the punishment charge:

THE COURT FURTHER FINDS that before the commission of the offense alleged in paragraph one of the indictment, on the 8th day of July, 2016, in cause number F-1460401-U, in Dallas County, Texas, the defendant was finally convicted of the felony of Fraudulent Use or Possession of Identifying Information 5 Items or Less in the 291st Judicial District Court; and before the commission of the offense alleged in paragraph one of the indictment, the defendant was finally convicted of the felony of Attempted Possession of a Controlled Substance on the 8th day of July, 2016, in Dallas County, Texas, in cause number F1572307-U, in the 291st District Court.

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

SECOND DISTRICT COURT OF APPEALS

PER CURIAM