Joe Sanchez v. The State of Texas Appeal from Criminal District Court No. 7 of Dallas County (memorandum opinion )

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MODIFY and AFFIRM; and Opinion Filed November 24, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01757-CR JOE SANCHEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F13-56498-Y MEMORANDUM OPINION Before Justices O’Neill, Fillmore, and Brown Opinion by Justice Fillmore Joe Sanchez waived a jury and pleaded guilty to aggravated assault with a deadly weapon involving family violence. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2014). The trial court assessed punishment at fifteen years’ imprisonment. In a single issue, Sanchez contends the trial court’s judgment should be modified to show he entered an open plea of guilty. We modify the trial court’s judgment and affirm as modified. The record shows Sanchez entered an open guilty plea to the charges in the indictment. The judgment, however, incorrectly recites plea bargain terms as “15 years penitentiary.” We sustain Sanchez’s sole issue. We modify the judgment to delete “15 years Penitentiary” from the “terms of plea bargain” section. 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. /Robert M. Fillmore/_________________ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX. R. APP. P. 47 131757F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOE SANCHEZ, Appellant No. 05-13-01757-CR Appeal from the Criminal District Court No. 7 of Dallas County, Texas (Tr.Ct.No. F13-56498-Y). Opinion delivered by Justice Fillmore, Justices O’Neill and Brown participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as follows: Delete “15 Years Penitentiary” from section entitled “Terms of Plea Bargain.” As modified, we AFFIRM the trial court’s judgment. Judgment entered November 24, 2014. -3-

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