Stephen Len Hejny v. State

Opinion

Affirmed as Modified and Opinion Filed July 25, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00020-CR

STEPHEN LEN HEJNY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F12-58342-S

MEMORANDUM OPINION Before Justices Bridges, Francis, and Lang-Miers Opinion by Justice Bridges

Stephen Len Hejny appeals following his conviction for theft. In a single issue, appellant

contends the judgment should be modified to reflect he entered an “open” plea of guilty. The

State agrees the judgment should be modified as appellant asks. We modify the trial court’s

judgment and affirm as modified.

Appellant waived a jury, entered an open guilty plea to theft of property valued at $1,500

or more but less than $20,000, and true to two enhancement paragraphs alleging prior state jail

felony convictions. See TEX. PENAL CODE ANN. §§ 31.03(a), (e)(4), 31.07(b), 32.31(d) (West 2011 & Supp. 2013). After finding appellant guilty and the enhancement paragraphs true, the

trial court assessed punishment at five years’ imprisonment.

The judgment states there were terms of a plea bargain agreement. Additionally, the

judgment indicates no plea or finding on the second enhancement paragraph. Thus, the judgment

is incorrect. We sustain appellant’s sole issue.

We modify the judgment to show: (1) the terms of plea bargain were “open;” (2) the plea

to second enhancement paragraph is true; and (3) the finding on the second enhancement

paragraph is true. 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.

Do Not Publish TEX. R. APP. P. 47 /David L. Bridges/ 130020F.U05 DAVID L. BRIDGES JUSTICE

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JUDGMENT

STEPHEN LEN HEJNY, Appellant Appeal from the 282nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-13-00020-CR V. F12-58342-S). 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 trial court’s judgment is MODIFIED to show:

The section entitled “Terms of Plea Bargain” is modified to show “Open.”

The section entitled “Plea to 2nd Enhancement/Habitual Paragraph” is modified to show “True.”

The section entitled “Findings on 2nd Enhancement/Habitual Paragraph” is modified to show “True.”

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

Judgment entered July 25, 2014

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