Georgia Lee Jones v. State

Opinion

Affirmed as Modified; Opinion Filed March 26, 2014.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00402-CR

GEORGIA LEE JONES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F09-71128-M

MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion by Justice Lang

Georgia Lee Jones waived a jury and pleaded guilty to reckless injury to a child causing serious

bodily injury. See TEX. PENAL CODE ANN. § 22.04(a)(1) (West Supp. 2013). The trial court

assessed punishment at sixteen years’ imprisonment and a $10,000 fine. The trial court’s

judgment also includes an order that appellant pay $215 in court costs. In a two issues, appellant

contends there is insufficient evidence in the record to support the trial court’s order that she pay

$215 in court costs and the judgment should be modified to show there was no plea bargain. We

modify the trial court’s judgment and affirm as modified. In her first issue, appellant contends the evidence is insufficient to support the trial

court’s order that she pay $215 in court costs because the clerk’s record does not contain a bill of

costs. The record before us contains the bill of costs. Further, appellant’s complaints have been

addressed and rejected. See Johnson v. State, No. PD-0193-13, 2014 WL 714736, at *4–8 (Tex.

Crim. App. Feb. 26, 2014); Coronel v. State, 416 S.W.3d 550, 555–56 (Tex. App.––Dallas, pet.

ref’d). We decide against appellant on his first issue.

In her second issue, appellant asks us to modify the judgment to show there was no plea

agreement as to punishment in this case. The record shows appellant entered an open guilty plea

to the charge in the indictment. The trial court’s judgment, however, stated terms of a plea

bargain. We decide in appellant’s favor on the second issue.

We modify the trial court’s judgment to show appellant entered an open plea. 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.

/ Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

Do Not Publish TEX. R. APP. P. 47 130402F.U05

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

JUDGMENT

GEORGIA LEE JONES, Appellant Appeal from the 194th Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-13-00402-CR V. F09-71128-M). Opinion delivered by Justice Lang, Justices THE STATE OF TEXAS, Appellee Moseley and Francis 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.”

Judgment entered March 26, 2014.

-3-