Jenna Elise Walton v. State ( 2019 )

IN THE
TENTH COURT OF APPEALS
No. 10-18-00212-CR
JENNA ELISE WALTON,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2014-2304-C2
MEMORANDUM OPINION
Appellant Jenna Elise Walton entered a plea of guilty to the offense of aggravated
perjury. The trial court placed Walton on four years’ deferred adjudication probation
and assessed a fine of $750.00. The State subsequently moved to adjudicate Walton’s guilt
after she violated the terms of her probation. Walton entered a plea of true to allegations
two through thirteen in the State’s first amended motion to adjudicate guilt, and the trial
court sentenced Walton to two years’ incarceration. The written judgment adjudicating
guilt reflects that the trial court additionally imposed a $750.00 fine. Although, as noted,
the trial court included a $750.00 fine in the order of deferred adjudication, the
subsequent judgment adjudicating Walton’s guilt set aside that order. See Taylor v. State,
131 S.W.3d 497, 499-500 (Tex. Crim. App. 2004).
In one point of error, Walton asserts that the trial court erred by assessing a fine in
the written judgment because the trial court did not orally pronounce a fine as part of
Walton’s sentence after adjudicating her guilt.1 The State concedes that there was no oral
pronouncement of a fine, which our review of the record confirms.
When there is a conflict between the oral pronouncement of a sentence and the
sentence in the written judgment, the oral pronouncement controls. Taylor, 131 S.W.3d
at 500; Coffey v. State, 979 S.W.2d 326, 328 (Tex. Crim. App. 1998); Freeman v. State, 554
S.W.3d 816, 817 (Tex. App.—Waco 2018, no pet.). Because the trial court did not orally
pronounce the imposition of a fine when Walton was adjudicated guilty, the trial court
erred in including a fine in the judgment.
Accordingly, we modify the judgment adjudicating guilt to delete the $750.00 fine.
We affirm the judgment as modified.
REX D. DAVIS
Justice
1
Walton’s attorney filed an Anders brief and a Motion to Withdraw as Attorney of Record on January 2,
2019. On March 6, 2019, Walton’s attorney filed a “Notice that Counsel Wishes to Withdraw His Previously
Filed Anders Brief and Motion to Withdraw and That Counsel Intends to File a Brief on the Merits Later
Today.” As Walton’s Amended Brief was also filed on March 6, 2019, the Motion to Withdraw as Attorney
of Record is dismissed.
Walton v. State Page 2
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Affirmed as modified
Opinion delivered and filed April 17, 2019
Do not publish
[CR25]
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