Juniel, Breon Samuel v. State

• Court: Court of Appeals of Texas
• Decided: August 14, 2013
• Docket: 05-12-00951-CR
• Status: Published

Opinion

MODIFY and AFFIRM; and Opinion Filed August 14, 2013.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00951-CR

BREON SAMUEL JUNIEL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F12-53239-P

MEMORANDUM OPINION Before Justices Moseley, FitzGerald, and Lewis Opinion by Justice Lewis

Breon Samuel Juniel waived a jury and pleaded guilty to burglary of a habitation. See

TEX. PENAL CODE ANN. § 30.02(a) (West 2011). The trial court assessed punishment at fifteen

years’ imprisonment. In a single issue, appellant contends the judgment should be modified to

show there was no plea bargain agreement. The State agrees the modification is needed. We

modify the trial court’s judgment and affirm as modified. The record shows that appellant

entered an open plea of true to the allegations in the State’s amended motion to adjudicate guilt.

The judgment, however, incorrectly states the terms of plea bargain as “12 years TDCJ.” We

sustain appellant’s sole issue. We modify the judgment adjudicating guilt to show there was no plea bargain agreement.

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 adjudicating guilt.

/David Lewis/ DAVID LEWIS JUSTICE

Do Not Publish TEX.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

120951F.U05

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JUDGMENT

BREON SAMUEL JUNIEL, Appellant Appeal from the 203rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-12-00951-CR V. F12-53239-P). Opinion delivered by Justice Lewis, THE STATE OF TEXAS, Appellee Justices Moseley and FitzGerald 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.”

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

Judgment entered August 14, 2013.

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