Nakia Lashuan Franklin v. State

Opinion

AFFIRM; and Opinion Filed January 6, 2014.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-12-01430-CR

NAKIA LASHUAN FRANKLIN, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas

Trial Court Cause No. 416-81048-08

MEMORANDUM OPINION

Before Justices O’Neill, Myers, and Brown Opinion by Justice O’Neill

Nakia Lashuan Franklin appeals, following the revocation of her community supervision, her conviction for theft, enhanced by two prior theft convictions. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West Supp. 2013). The trial court assessed punishment at two years’ confinement in a state jail, probated for four years, and a $2,000 fine. In a single issue, appellant contends she is entitled to additional back-time credit for July 17, 2007, the date she was arrested on the offense. We affirm the trial court’s judgment.

The record shows that on July 17, 2007, appellant was arrested on the theft offense. On April 6, 2013, appellant was arrested based on the State’s motion to revoke her community

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supervision. The judgment shows time credited “from 04/06/12 to 04/06/12” only. However, on October 18, 2013, the trial court issued an “agreed order for jail time credit” that gave appellant additional time credit from “7/17/2007 to 7/18/2007.” Thus, we overrule appellant’s issue as moot.

We affirm the trial court’s judgment.

/Michael J. O'Neill/

MICHAEL J. O’NEILL

JUSTICE

Do Not Publish TEX.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

121430F.U05

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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

NAKIA LASHUAN FRANKLIN, Appeal from the 416th Judicial District Appellant Court of Collin County, Texas (Tr.Ct.No.

416-81048-08).

No. 05-12-01430-CR V. Opinion delivered by Justice O’Neill, Justices Myers and Brown participating.

THE STATE OF TEXAS, Appellee

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.

Judgment entered January 6, 2014.

/Michael J. O'Neill/

MICHAEL J. O’NEILL

JUSTICE