Abram, Michelle Petrice v. The State of Texas--Appeal from Criminal District Court No. 3 of Dallas County (memorandum opinion )

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I% IOl)IFY, and AFFIRl; Opinion issued January 14, 2013. In The Qtourt of Ztppat jfiftb OItrict of Itxa at a1ta f%o. 05-12-00569-CR No. 05-12-00570-CR No. 05-12-00571-CR MICHELLE PETRICE ABRAM, Appellant V. THE STATE oF TEXAS, Appellee On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause Nos. F09-55520-J, F09-61456-j, F11-6303S-J MEMORANDUM OPINION Before Justices Lang-Miers, Myers, and Lewis Opinion by Justice Lang-Miers Michelle Petrice Abram appeals from the adjudication of her guilt for aggravated assault with a deadly weapon and false report of an emergency, and for her conviction for aggravated robbery of an elderly person. 42.06(a)( 1) (West 2011). See TEx. PENAL CODE ANN. § 22,02(a)(1), 29,03(a)(3)(A), In three points of error, appellant contends the judgment in each case should be modified to reflect there was no plea bargain agreement. We modify the judgments and affirm as modified. The background of these cases and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts. We issue this memorandum opinion pursuant to Fexas Rule of Appellate Procedure 47A because the law to be applied in the case is well set tied. The State agrees that appellant pleaded true 10 the allegations in the amended motions to adjudicate guilt, guilty to the charge of aggravated robbery of an elderly person, and true to one enhancement paragraph, all without the benefit of a plea hargain The judgments. however, erroneously state [hat there was a plea barain agreement in each case. We sustain appellant s points of error. We modify the trial courts ju(lgments to Tux, R. APP. P. 43.2(b); Big/c) i . State, show there were no plea bargain terms See 865 S.W.2d 26, 27 28 (Tex. Crim. App. 1993); Asherrv v. State, 813 S.W.2d 526, 529 30 (Tex. App. Dallas 1991, pet. ref d). As modified, we the trial court s judgments. ELIZABETH LANG-MIERS JUSTICE Do Not Publish TEx. R. App. P.47 I 20569F.1J05 affimi Qlourt of Ztpptat jTiftb 1Oitritt of exa at afta JUDGMENT MICHELLE PETRICE ABRAM, Appellant No, O5- 1 2MO569CR Appeal from the Criminal District Court No. 3 of Dallas County, Texas (Tr.Ct.No, F09-55520-J). Opinion delivered by Justice LangMiers, Justices Myers and Lewis participating. THE STATE OF TEXAS, Appellee Based on the Court s opinion of this date, the trial court s judgment adjudicating guilt 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 January 14, 2013. /t /t / / !/ ELLABEtH LAG MIERS JUSTICE / jfIftb Qtourt of 1pptat iztrftt of 1xa at flafta JUDGMENT MICHELLE PETRK E ABRAM. Appellant No. 05-1 2-00570-CR V. Appeal Iroin the Criminal District Court No. 3 of Dallas County. Texas (Tr.Ct.No. F09-6 I 456-J). Opinion delivered 1w Justice Lang-Miers. Justices Myers and Lewis participating. THE STATE OF TEXAS. Appellee Based on the Court s opinion of this date, the trial court s judgment adjudicating guilt 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 January 14, 2013. ELIZABETH LANG-MIERS JUSTICE Qtourt of Z1ppeat liftlj itrict of Zexa at atIa JUDGMENT MICHELLE PETR ICE ABRAM. Appellant No. 05-12M0571-CR V. Appeal from the Criminal District Court No. 3 of Dallas County, Texas (Tr.Ct.No. F! l63O38 J). Opinion delivered by Justice Lang-Miers, Justices Myers and Lewis participating. THE STATE OF TEXAS. Appellee Based on the Court s opinion of this date, the trial court s judgment is MODIFIED follows: as The section entitled Terms of Plea Bargain is modified to show Open. As modified, we AFFIRM the trial court s judgment. Judgment entered January 14, 2013. / J _// / / ELIZABETH LANG MIERS JUSTICE i_z / /

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