Schwartz, Ex Parte Juan Antonio

• Court: Court of Criminal Appeals of Texas
• Decided: August 20, 2008
• Docket: AP-75,973
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-75,973

EX PARTE JUAN ANTONIO SCHWARTZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-9900557-PR IN THE 265 TH ISTRICT COURT FROM DALLAS COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated

robbery and sentenced to seventy-five years’ imprisonment.

Applicant contends that his judgment incorrectly reflects that a $1000 fine was assessed.

The trial court found that a fine was imposed when Applicant was initially placed on deferred

adjudication community supervision, but the trial court did not verbally indicate that a fine would

be imposed when he assessed punishment after Applicant’s community supervision was LAURY - 2

subsequently revoked. The judgment reflects that a $1000 fine was assessed. Applicant is entitled

to relief. Taylor v. State, 131 S.W.3d 530 (Tex. Crim. App. 2004).

Relief is granted. The judgment in Cause No. F-9900557-PR in the 265th Judicial District

Court of Dallas County is reformed to delete reference to a fine being imposed. Applicant’s other

grounds are denied.

Delivered: August 20, 2008 Do Not Publish