Michael Aaron Taylor v. State ( 2017 )


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  • AFFIRM; and Opinion Filed July 31, 2017.
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-16-00944-CR
    No. 05-16-00945-CR
    MICHAEL AARON TAYLOR, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 265th Judicial District Court
    Dallas County, Texas
    Trial Court Cause Nos. F14-45333-CR & F15-24320-R
    MEMORANDUM OPINION
    Before Justices Francis, Brown, and Schenck
    Opinion by Justice Brown
    Michael Aaron Taylor pleaded guilty to two charges of assault involving family violence,
    enhanced and was placed on deferred adjudication community supervision for a period of five
    years. The State subsequently filed motions to proceed with an adjudication of guilt in both
    cases asserting appellant violated several conditions of his community supervision. Appellant
    pleaded not true to the allegations in the State’s motions. The trial court subsequently found two
    of the allegations in the State’s motions true, adjudicated appellant guilty of the offenses, and
    assessed his punishment at ten years’ confinement in each case.
    In a single issue, appellant requests that we reform the judgments in each case because
    they both incorrectly recite appellant pleaded true to the allegations in the State’s motion to
    revoke. The State acknowledges the judgments are incorrect and reformation is appropriate.
    We agree. See 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). We therefore sustain appellant’s
    sole issue and reform the judgments in each case to reflect appellant’s pleas of not true
    As reformed, we affirm the trial court’s judgments.
    /Ada Brown/
    ADA BROWN
    JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47.2(b)
    160944F.U05
    2
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    MICHAEL AARON TAYLOR, Appellant                     On Appeal from the 265th Judicial District
    Court, Dallas County, Texas
    No. 05-16-00944-CR         V.                       Trial Court Cause No. F14-45333-R.
    Opinion delivered by Justice Brown. Justices
    THE STATE OF TEXAS, Appellee                        Francis and Schenck participating.
    Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
    Judgment entered this 31st day of July, 2017.
    3
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    MICHAEL AARON TAYLOR, Appellant                     On Appeal from the 265th Judicial District
    Court, Dallas County, Texas
    No. 05-16-00945-CR         V.                       Trial Court Cause No. F15-24320-R.
    Opinion delivered by Justice Brown. Justices
    THE STATE OF TEXAS, Appellee                        Francis and Schenck participating.
    Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
    Judgment entered this 31st day of July, 2017.
    4
    

Document Info

Docket Number: 05-16-00945-CR

Filed Date: 7/31/2017

Precedential Status: Precedential

Modified Date: 8/4/2017