in the Matter of X.J.T. ( 2014 )


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  •                           COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-13-00176-CV
    In the Matter of X.J.T.                   §    From the 323rd District Court
    §    of Tarrant County (323-98064J-13)
    §    February 27, 2014
    §    Opinion by Chief Justice Livingston
    §    Dissent by Justice Dauphinot
    JUDGMENT
    This court has considered the record on appeal in this case and holds that
    there was some error in the trial court’s judgment. We modify the deadly weapon
    finding in the trial court’s commitment order as follows:
    The Court affirmatively finds that the Respondent used or
    exhibited a deadly weapon, to-wit: a firearm, during the commission
    of the offense found by the jury in Special Issue Number Two or
    during the immediate flight therefrom.
    We modify the trial court’s judgment for determinate sentencing to replace
    the paragraph entitled, “Special Issue Number Two,” as follows:
    Do you find from the evidence beyond a reasonable doubt that
    the Respondent, [appellant], on or about the 5th day of January,
    2013, in the County of Tarrant and State of Texas, engaged in
    delinquent conduct by committing the offense of aggravated robbery
    against Anuj Shrestha as hereinbefore defined?
    We affirm the remainder of the judgment as modified.
    SECOND DISTRICT COURT OF APPEALS
    By /s/ Terrie Livingston
    Chief Justice Terrie Livingston
    

Document Info

Docket Number: 02-13-00176-CV

Filed Date: 2/27/2014

Precedential Status: Precedential

Modified Date: 10/16/2015