Manuel Quiterio Garcia v. The State of Texas Appeal from 203rd Judicial District Court of Dallas County (memorandum opinion)
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Affirmed as modified; Opinion Filed December 28, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00584-CR MANUEL QUITERIO GARCIA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F15-75637-P MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Stoddart A jury convicted Manuel Quiterio Garcia, upon his plea of guilty, of aggravated robbery. The trial court assessed punishment at sixty years’ imprisonment. In a single issue, appellant contends the trial court’s judgment should be modified to correctly reflect his name. The State agrees the judgment should be modified as appellant requests. We modify the trial court’s judgment and affirm as modified. Both the indictment and the trial court’s judgment recite appellant’s name as “Manuel Quiteriogarcia.” Letters contained in the record that were written by appellant state his name as “Manuel Quiterio Garcia.” Moreover, the District Clerk verified the correct name of the defendant as “Manuel Quiterio Garcia.” In his sole issue on appeal, appellant asks us to modify the judgment to show his correct name. We sustain appellant’s issue. We modify the trial court’s judgment to show appellant’s name is “Manuel Quiterio Garcia.” TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993) (courts of appeals have authority to modify a judgment); Estrada v. State, 334 S.W.3d 57, 63–64 (Tex. App.—Dallas 2009, no pet.) (same). As modified, we affirm the trial court’s judgment. /Craig Stoddart/ CRAIG STODDART JUSTICE Do Not Publish TEX. R. APP. P. 47 170584F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT MANUEL QUITERIO GARCIA, Appellant No. 05-17-00584-CR On Appeal from the 203rd Judicial District Court, Dallas County, Texas Trial Court Cause No. F15-75637-P. Opinion delivered by Justice Stoddart. Justices Lang-Miers and Fillmore participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED to show the name of appellant is “Manuel Quiterio Garcia.” As modified, we AFFIRM the trial court’s judgment. Judgment entered this 28th day of December, 2017. –3–
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