Jimmie Leeray Denton v. The State of Texas--Appeal from 241st District Court of Smith County (majority)
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NO. 12-11-00213-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS JIMMY LEERAY DENTON, APPELLANT § APPEAL FROM THE 241ST V. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION Jimmie Leeray Denton appeals his conviction for burglary of a habitation following the revocation of his deferred adjudication community supervision, for which he was sentenced to imprisonment for twenty-five years. In one issue, Appellant argues that the written judgment of the trial court incorrectly reflects the identity of his counsel at trial. We modify and affirm as modified. BACKGROUND Appellant was charged by indictment with burglary of a habitation with intent to commit aggravated assault and pleaded guilty. The trial court deferred finding Appellant guilty and placed him on community supervision for ten years. Subsequently, the State filed a motion to revoke Appellant s community supervision alleging that Appellant had violated certain terms and conditions thereof. Specifically, the State argued that Appellant had committed the offense of public intoxication and had consumed an alcoholic beverage. A hearing was conducted on the State s motion, at which Appellant pleaded true to the aforementioned allegations in the State s motion. At the conclusion of the hearing, the trial court found that Appellant had violated the terms and conditions of his community supervision as alleged in the State s motion. Thereafter, the trial court revoked Appellant s community supervision, adjudicated him guilty of burglary of a habitation, and sentenced him to imprisonment for twenty-five years. Subsequently, the trial court entered a written judgment in which Appellant s trial counsel was identified as Austin Reeve Jackson. This appeal followed. MISIDENTIFICATION OF TRIAL COUNSEL IN WRITTEN JUDGMENT In his sole issue, Appellant argues that the trial court misidentified his trial counsel in its written Judgment Adjudicating Guilt as JACKSON, AUSTIN REEVE. An appellate court may modify a trial court s judgment to correct, among other things, clerical errors. See Asberry v. State, 813 S.W.2d 526, 530 (Tex. App. Dallas 1991, pet. ref d); see also Ex parte Poe, 751 S.W.2d 873, 876 (Tex. Crim. App. 1988). In the instant case, the judgment was entered on June 30, 2011. The record reflects that Appellant was represented before the trial court by Donald S. Davidson. Davidson moved to withdraw as Appellant s counsel on July 1, 2011. The trial court granted Davidson s motion and appointed Austin Reeve Jackson as Appellant s new counsel by written order dated July 1, 2011. Accordingly, we conclude that the trial court s written judgment adjudicating guilt misidentifies Jackson as Appellant s trial counsel and should be modified. Appellant s sole issue is sustained. CONCLUSION We have sustained Appellant s sole issue. Accordingly, we modify the trial court s Judgment Adjudicating Guilt dated June 30, 2011 by deleting the notation identifying JACKSON, AUSTIN REEVE as Attorney for Defendant and inserting the notation DAVIDSON, DONALD S. as Attorney for Defendant. We affirm the trial court s judgment as modified. BRIAN HOYLE Justice Opinion delivered June 29, 2012. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. (DO NOT PUBLISH) 2 COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JUNE 29, 2012 NO. 12-11-00213-CR JIMMY LEERAY DENTON, Appellant V. THE STATE OF TEXAS, Appellee Appeal from the 241st Judicial District Court of Smith County, Texas. (Tr.Ct.No. 241-1720-07) THIS CAUSE came to be heard on the appellate record and briefs filed herein; and the same being considered, it is the opinion of this court that the judgment of the trial court below should be modified and as modified, affirmed. It is therefore ORDERED, ADJUDGED and DECREED by this court that the Judgment Adjudicating Guilt dated June 30, 2011, be modified by deleting the notation identifying JACKSON, AUSTIN REEVE as Attorney for Defendant and inserting the notation DAVIDSON, DONALD S. as Attorney for Defendant, and as modified, the judgment of the trial court is affirmed; and that this decision be certified to the trial court below for observance. Brian Hoyle, Justice. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J. 3
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