Rockelle LaShawn Parker v. State ( 2013 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-12-00540-CR
Rockelle LaShawn Parker, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 62845, HONORABLE FANCY H. JEZEK, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Rockelle LaShawn Parker pleaded guilty to the offense of possession
of cocaine with intent to deliver and was sentenced to ten years’ imprisonment. However, the
district court suspended imposition of the sentence and placed Parker on community supervision for
ten years. Subsequently, the State filed a motion to revoke, alleging that Parker had violated the
terms and conditions of her community supervision by committing the offense of robbery and
by failing to pay various community-supervision fees. Parker pleaded true to the allegations that
she had failed to pay the fees but not true to the allegation that she had committed robbery. After
hearing evidence, the district court found that the allegations were true, revoked Parker’s community
supervision, and sentenced her to eight years’ imprisonment. This appeal followed.
In a single point of error, Parker argues that the judgment revoking her community
supervision should be modified to reflect that she pleaded not true to the allegation that she had
committed the offense of robbery. In its brief, the State concedes error. This Court has the authority
to modify incorrect judgments when the necessary information is available to do so. See Tex. R.
App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993); French v. State,
830 S.W.2d 607, 609 (Tex. Crim. App. 1992). Accordingly, we sustain Parker’s sole point of error.
We modify the judgment to reflect that she pleaded not true to paragraph A of the motion to revoke
and true to paragraphs B, C, and D of the motion to revoke. As modified, the judgment revoking
community supervision is affirmed.
__________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton and Rose
Modified and, as Modified, Affirmed
Filed: June 7, 2013
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