JOHNS DEWELDON COLLINS v. The State of TexasAppeal from 283rd Judicial District Court of Dallas County (memorandum opinion )
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MODIFY and AFFIRM; and Opinion issued March 29, 2013. In The Qtourt of ppeat fifth itrict of exa9 at aUa No. 05-12-01350-CR JOHN DEWELDON COLLINS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F12-12005-T MEMORANDUM OPINION Before Justices Lang-Miers, Murphy, and Fillmore Opinion by Justice Lang-Miers John Deweldon Collins waived a jury and pleaded guilty to injury to a child. See TEX. PENAL CODE ANN. ยง 22.04(a) (West Supp. 2012). The trial court assessed punishment at eight years imprisonment. In a single issue, appellant contends the trial court s judgment should be modified to show there was no plea bargain agreement. The State agrees modification is needed. We modify the trial court s judgment and affirm as modified. The background of the case 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 Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled. The record shows appellant entered an open guilty plea to the charges in the indictment. The judgment, however, states appellant entered a guilty plea pursuant to terms of a plea bargain agreement. Thus, the judgment is incorrect. We sustain appellant s sole issue. We modify the judgment to show appellant entered an open guilty plea and there were no plea bargain terms. See TEx. R. AiP. 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. ELHIEY JUST Do Not Publish TEx. R. APP, P.47 121350F.U05 -2- Qlourt of ppeat f iftj itrict of exa at afta JUDGMENT JOHN DEWELDON COLLINS, Appellant No, 05-12-01350-CR V. Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F12-12005-T). Opinion delivered by Justice Lang-Miers, Justices Murphy and Fillmore participating. THE STATE OF TEXAS, Appellee 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. Judgment entered March 29, 2013.
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