John Anthony Leonard v. State

Opinion

AFFIRMED as MODIFIED and Opinion Filed October 29, 2018

Court of Appeals S In The

Fifth District of Texas at Dallas No. 05-17-01480-CR No. 05-17-01481-CR

JOHN ANTHONY LEONARD, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F11-60173-X; F11-59713-X

MEMORANDUM OPINION Before Justices Bridges, Francis, and Lang-Miers Opinion by Justice Bridges John Anthony Leonard appeals his two aggravated robbery convictions1 in cause numbers

05-17-01480-CR and 05-17-01481-CR. In two issues, appellant argues the judgment in each case

should be modified to reflect the correct name of the defense attorney who represented him at the

underlying adjudication hearing. As modified, we affirm the trial court’s judgments.

In October 2011, appellant was indicted on two charges of aggravated robbery with a

deadly weapon. In August 2012, appellant entered a guilty plea to each charge, and the trial court

placed appellant on deferred adjudication community supervision for ten years. In October 2017,

the State filed a motion to adjudicate appellant’s guilt in each case. Appellant pleaded true to the

1 In his judicial confession, appellant confessed to an aggravated assault conviction in June 2008. allegations in the motions to adjudicate. Following a hearing in December 2017, the trial court

entered judgments adjudicating appellant’s guilt and sentencing him to fifteen years’ confinement

in each case. These appeals followed.

In two issues, appellant argues the judgment in each case should be modified to correctly

name his defense attorney. The State agrees that the judgments are incorrect and should be

modified. This Court has the power to modify a judgment to make the record speak the truth when

we have the necessary information to do so. TEX. R. APP. P. 43.2(b); Asberry v. State, 813 S.W.2d

526, 529 (Tex. App.—Dallas 1991, pet. ref’d); Barnes v. State, No. 05-16-01184-CR, 2017 WL

5897746, at *6 (Tex. App.—Dallas Nov. 29, 2017, no pet.) (mem. op., not designated for

publication).

Each judgment in this case identifies appellant’s attorney as “Bill Ash.” The record reflects

that appellant’s attorney was “Bill Ashe II.” We sustain appellant’s two issues. We modify the

judgment in each case to reflect that “Bill Ashe II” was appellant’s attorney in each case.

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

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b)

171480F.U05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOHN ANTHONY LEONARD, Appellant On Appeal from the Criminal District Court No. 6, Dallas County, Texas No. 05-17-01480-CR V. Trial Court Cause No. F11-60173-X. Opinion delivered by Justice Bridges. THE STATE OF TEXAS, Appellee Justices Francis and Lang-Miers participating.

Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED as follows: following "Attorney for Defendant:" "Bill Ashe II" is substituted. As REFORMED, the judgment is AFFIRMED.

Judgment entered October 29, 2018.

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOHN ANTHONY LEONARD, Appellant On Appeal from the Criminal District Court No. 6, Dallas County, Texas No. 05-17-01481-CR V. Trial Court Cause No. F11-59713-X. Opinion delivered by Justice Bridges. THE STATE OF TEXAS, Appellee Justices Francis and Lang-Miers participating.

Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED as follows: following "Attorney for Defendant:" "Bill Ashe II" is substituted. As REFORMED, the judgment is AFFIRMED.

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