Garrison, Clyde v. State

• Court: Court of Appeals of Texas
• Decided: July 31, 2013
• Docket: 05-12-00986-CR
• Status: Published

Opinion

Affirmed as Modified and Opinion Filed July 31, 2013

In The Court of Appeals

Fifth District of Texas at Dallas

No. 05-12-00986-CR

CLYDE GARRISON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F09-56536-H

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Myers and Evans Opinion by Chief Justice Wright

Clyde Garrison appeals from the adjudication of guilt for assault involving family

violence, with three previous assault-family violence convictions. See TEX. PENAL CODE ANN.

§ 22.01(a), (b)(2)(A) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 &

Supp. 2012). The trial court assessed punishment, enhanced by two prior felony convictions, at

twenty-five years’ imprisonment. In a single issue, appellant contends the judgment adjudicating

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

modification is needed. We modify the trial court’s judgment adjudicating guilt and affirm as

modified. The record shows that appellant entered an open plea of true to the allegations in the State’s motion to adjudicate guilt. The judgment, however, incorrectly states the terms of plea

bargain as “25 years penitentiary, no fine.” We sustain appellant’s sole issue.

We modify the judgment adjudicating guilt to show there was no plea bargain agreement.

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 adjudicating guilt.

Do Not Publish TEX. R. APP. P. 47 120986F.U05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

CLYDE GARRISON, Appellant Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. No. 05-12-00986-CR V. F09-56536-H). Opinion delivered by Chief Justice Wright, THE STATE OF TEXAS, Appellee Justices Myers and Evans participating.

Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt 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 adjudicating guilt.

Judgment entered July 31, 2013

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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