Juan Hernandez v. the State of Texas

Court of Appeals of Texas·Decided July 26, 2023·No. 03-22-00288-CR·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 26, 2023

NO. 03-22-00288-CR

Juan Hernandez, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 460TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES TRIANA AND KELLY AFFIRMED AS MODIFIED -- OPINION BY CHIEF JUSTICE BYRNE

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed the

record and the parties’ arguments, the Court holds that there was no reversible error in the trial

court’s judgment of conviction, but that modification of the judgment is needed. The judgment

of conviction is modified by adding “(f)(1)” to the “Statute for Offense” section so that the

revised Statute for Offense is “PC 22.021(a)(2)(B), (f)(1),” where “PC” is the abbreviation for

the Texas Penal Code. With the trial-court judgment modified as described, we affirm the

judgment of conviction. Because appellant is indigent and unable to pay costs, no adjudication

of costs is made.

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