Jaime Guerrero Lopez v. State

• Court: Court of Appeals of Texas
• Decided: November 24, 2014
• Docket: 05-14-00485-CR
• Status: Published

Opinion

MODIFY and AFFIRM; and Opinion Filed November 24, 2014.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00484-CR No. 05-14-00485-CR

JAIME GUERRERO LOPEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F07-24287-T, F07-24288-T

MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Brown Opinion by Justice Brown

Jaime Guerrero Lopez appeals following the adjudication of his guilt for two offenses of

aggravated sexual assault of a child younger than fourteen years. The trial court assessed

punishment at twenty years’ imprisonment in each case. In two issues, appellant contends the

trial court’s judgments adjudicating guilt should be modified to show there were no plea bargain

agreements and to reflect the correct statute for the offenses. We modify the trial court’s

judgments adjudicating guilt and affirm as modified.

The judgments adjudicating guilt recite plea bargain terms as “20 years penitentiary.”

The record, however, shows appellant pleaded true to the motions to adjudicate without the benefit of plea bargains. Thus, the judgments are incorrect. Additionally, the judgments

adjudicating guilt incorrectly identify the statute for the offense as “22.21 Penal Code.”

Appellant was convicted of aggravated sexual assault of a child younger than fourteen years

under section 22.021 of the Texas Penal Code. See TEX. PENAL CODE ANN. § 22.021(a)(1)(B)

(West Supp. 2014). Thus, the judgments are incorrect. We sustain appellant’s two issues.

We modify the judgments adjudicating guilt to show (1) the statute for the offense is

“22.021 Penal Code;” and (2) to delete “20 years Penitentiary” from the “terms of plea bargain”

section. 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 judgments adjudicating guilt.

/Ada Brown/ _________________ ADA BROWN JUSTICE

Do Not Publish TEX. R. APP. P. 47

140484F.U05

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

JUDGMENT

JAIME GUERRERO LOPEZ, Appellant Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-14-00484-CR V. F07-24287-T). Opinion delivered by Justice Brown, THE STATE OF TEXAS, Appellee Justices FitzGerald and Lang participating.

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

The section entitled “Statute for Offense” is modified to show “22.021 Penal Code.”

Delete “20 Years Penitentiary” from section entitled “Terms of Plea Bargain.”

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

Judgment entered November 24, 2014.

-3- Court of Appeals Fifth District of Texas at Dallas

JAIME GUERRERO LOPEZ, Appellant Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-14-00485-CR V. F07-24288-T). Opinion delivered by Justice Brown, THE STATE OF TEXAS, Appellee Justices FitzGerald and Lang participating.

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

The section entitled “Statute for Offense” is modified to show “22.021 Penal Code.”

Delete “20 Years Penitentiary” from section entitled “Terms of Plea Bargain.”

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

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