Nakia Lashuan Franklin v. The State of TexasAppeal from 416th Judicial District Court of Collin County (order issued)
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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. ยง 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 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 /Michael J. O'Neill/ MICHAEL J. O NEILL JUSTICE Do Not Publish TEX.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 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT NAKIA LASHUAN FRANKLIN, Appellant No. 05-12-01430-CR Appeal from the 416th Judicial District Court of Collin County, Texas (Tr.Ct.No. 416-81048-08). Opinion delivered by Justice O Neill, Justices Myers and Brown participating. V. 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 -3-
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