Roderick Brown v. The State of Texas Appeal from 291st Judicial District Court of Dallas County (memorandum opinion )
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Affirmed as Modified; Opinion Filed April 6, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00374-CR RODERICK BROWN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F11-56213-U MEMORANDUM OPINION Before Justices Fillmore, Stoddart, and Schenck Opinion by Justice Stoddart Roderick Brown appeals after his conviction, following the adjudication of his guilt, for aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a) (West 2011). The trial court assessed punishment, enhanced by a prior felony conviction, at thirty-five years’ imprisonment. In a single issue, appellant contends the trial court’s judgment incorrectly reflects his plea to an enhancement paragraph. We modify the trial court’s judgment adjudicating guilt and affirm as modified. Appellant contends the order deferring adjudication of guilt incorrectly shows he pleaded true to two enhancement paragraphs when there was only one enhancement paragraph alleged in the indictment. Once the trial court revoked appellant’s community supervision and adjudicated appellant guilty, the order deferring adjudication of guilt was no longer in effect. See Taylor v. State, 131 S.W.3d 497, 502 (Tex. Crim. App. 2004); McCoy v. State, 81 S.W.3d 917, 919 (Tex. App.—Dallas 2002, pet. ref’d). Because the order deferring adjudication of guilt is no longer in effect, we decline to modify it as appellant requests. However, the judgment adjudicating guilt likewise does not correctly reflect that appellant pleaded true to one enhancement paragraph and the trial court found the enhancement paragraph true. Thus, on our own motion, we modify the trial court’s judgment adjudicating guilt to show the “plea to first enhancement paragraph” is “true,” and the “finding on first 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 adjudicating guilt. /Craig Stoddart/ CRAIG STODDART JUSTICE Do Not Publish TEX. R. APP. P. 47 150374F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT RODERICK BROWN, Appellant No. 05-15-00374-CR Appeal from the 291st Judicial District Court of Dallas County, Texas (Tr.Ct.No. F11-56213-U). Opinion delivered by Justice Stoddart, Justices Fillmore and Schenck participating. V. 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: Add the section entitled “Plea to 1st Enhancement Paragraph: True.” Add the section entitled “Findings on 1st Enhancement Paragraph: True.” As modified, we AFFIRM the trial court’s judgment adjudicating guilt. Judgment entered this 6th day of April, 2016. -3-
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