Jamarion Terrell Williams v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 21, 2025
• Docket: 07-25-00127-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00127-CR

JAMARION TERRELL WILLIAMS, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 213th District Court Tarrant County, Texas1 Trial Court No. 1804990, Honorable John W. Weeks, Presiding

October 21, 2025 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Following a plea of not guilty, Appellant Jamarion Terrell Williams, was convicted

by a jury of assault with an affirmative finding the offense involved family violence.2

Appellant pled true to the repeat offender enhancement and punishment was assessed

1 This cause was originally filed in the Second Court of Appeals and was transferred to this Court

by a docket-equalization order of the Supreme Court of Texas. See TEX. GOV’T CODE § 73.001. In the event of any conflict, we apply the transferor court’s case law. TEX. R. APP. P. 41.3.

2 TEX. PENAL CODE § 22.01(b)(2)(A). by the jury at confinement for twenty years plus a $10,000 fine. By a sole issue, he

contends the judgment should be reformed to correctly identify the Family Code section

referencing family violence. We agree and affirm as modified.

BACKGROUND

Appellant does not challenge the sufficiency of the evidence; thus, only necessary

details to reform the judgment are addressed.

Under the heading “Furthermore, the following special findings or order apply”

on page 3 of the trial court’s judgment recites as follows:

THE COURT AFFIRMATIVELY FINDS THAT THE OFFENSE INVOLVED FAMILY VIOLENCE AS DEFINED BY SEC. 71.01 FAMILY CODE.

The current version of the Family Code no longer contains section “71.01.” Article 42.013

of the Code of Criminal Procedure authorizes the trial court to make a finding of family

violence as defined by “Section 71.004, Family Code.” TEX. CODE CRIM. PROC. art.

42.013. Appellant does not challenge the family violence finding. We sustain his issue

and reform the judgment.

REFORMATION OF JUDGMENT

This Court has the power to modify the judgment of the court below to make the

record speak the truth when we have the necessary information to do so. TEX. R. APP. P.

43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993). Appellate courts

have the power to reform whatever the trial court could have corrected by a judgment

nunc pro tunc where the evidence necessary to correct the judgment appears in the

2 record. Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref’d). The

power to reform a judgment is “not dependent upon the request of any party, nor does it

turn on the question of whether a party has or has not objected in the trial court.” Id. at

529–30. Thus, we modify the trial court’s judgment to correctly identify on page 3 of the

judgment that the offense involved family violence as defined by “Sec. 71.004 FAMILY

CODE” and not section 71.01.

The trial court is ordered to enter a judgment to reflect this reformation, and the

trial court clerk is directed to provide a copy of the corrected judgment to Appellant, the

Institutional Division of the Texas Department of Criminal Justice, and this Court.

As modified, the trial court’s judgment is affirmed.

Alex Yarbrough Justice

Do not publish.