Miguel Zuniga Lopez v. State ( 2014 )


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  • Affirmed as Modified and Opinion February 4, 2014
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-12-00887-CR
    MIGUEL ZUNIGA-LOPEZ, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the Criminal District Court No. 3
    Dallas County, Texas
    Trial Court Cause No. F12-00559-J
    OPINION
    Before Justices FitzGerald, Francis, and Myers
    Opinion by Justice FitzGerald
    Appellant Miguel Zuniga-Lopez pleaded guilty to burglary of a habitation with intent to
    commit a sex offense. After a hearing, the trial judge accepted his guilty plea and sentenced him
    to fifteen years in prison. Appellant raises four issues on appeal. We modify the judgment to
    correct certain errors and affirm the judgment as modified.
    I. CORRECTION OF ERRORS IN THE JUDGMENT
    In his first point of error on appeal, appellant attacks the portion of the judgment reciting
    that the trial judge imposed a $1500 fine on him. He argues that the trial judge did not impose
    any fine when she orally pronounced sentence, and that the oral pronouncement of sentence
    prevails over the written judgment when there is a conflict. See Taylor v. State, 
    131 S.W.3d 497
    ,
    500 (Tex. Crim. App. 2004). The record supports appellant’s contention, and the State agrees
    that appellant is entitled to have the fine deleted from the judgment. We sustain appellant’s first
    point of error.
    In his second point of error, appellant argues that the judgment erroneously reflects that
    there was a plea bargain when the record demonstrates that appellant made an open plea. The
    State agrees. We sustain appellant’s second point of error. In his third point of error, appellant
    argues that the judgment erroneously states that he was charged by indictment when he was
    actually charged by information. The State agrees. We sustain appellant’s third point of error.
    II. COURT COSTS
    In his fourth point of error, appellant argues that assessment in the judgment of $219 in
    court costs must be reversed because there is no evidence in the record to support that
    assessment. After briefing was completed, we ordered the district clerk to file a supplemental
    clerk’s record containing a detailed itemization of the costs assessed in this case. The district
    clerk then filed a supplemental clerk’s record. Appellant filed objections to the supplemental
    clerk’s record. We then ordered the district clerk to file an additional supplemental clerk’s
    record that complied with the Texas Code of Criminal Procedure. On January 3, 2014, the
    district clerk filed another supplemental clerk’s record. On January 29, appellant filed objections
    to the January 3, 2014 supplemental clerk’s record that repeated his previous objections to the
    first supplemental clerk’s record.
    Appellant’s original objections are moot in light of the filing of the January 3, 2014
    supplemental clerk’s record. We conclude appellant’s objections to the second supplemental
    clerk’s record are without merit.    Appellant objects that the second supplemental clerk’s record
    does not support the award of court costs (1) because the record contains only “unsigned,
    unsworn computer printouts” and (2) because there is no indication that the documents were ever
    filed in the trial court or brought to the trial judge’s attention before judgment was rendered. We
    –2–
    have considered and rejected the same objections in several recent cases. See Coronel v. State,
    No. 05-12-00493-CR, 
    2013 WL 3874446
    , at *4–5 (Tex. App.—Dallas July 29, 2013, pet. ref’d);
    see also Ransom v. State, No. 05-12-01710-CR, 
    2013 WL 6570726
    , at *1 (Tex. App.—Dallas
    Dec. 12, 2013, no pet.) (not designated for publication); Simpson v. State, No. 05-12-00999-CR,
    
    2013 WL 6096534
    , at *1 (Tex. App.—Dallas Nov. 19, 2013, no pet.) (mem. op., not designated
    for publication). We overrule appellant’s objections.
    We have reviewed the second supplemental clerk’s record, and we conclude that it
    supports the assessment of court costs against appellant. Cf. Franklin v. State, 
    402 S.W.3d 894
    ,
    895 (Tex. App.—Dallas 2013, no pet.). We reject appellant’s fourth point of error.
    III. CONCLUSION
    We modify the judgment as follows: (1) we delete the $1500 fine and replace it with the
    entry “N/A”; (2) in the space for “Terms of Plea Bargain,” we delete the words “15 YEARS
    TDC FINE $1500” and replace them with the word “OPEN”; and (3) in the space for “Charging
    Instrument,” we delete the word “INDICTMENT” and replace it with the word
    “INFORMATION.” We affirm the judgment as modified.
    /Kerry P. FitzGerald/
    KERRY P. FITZGERALD
    Do Not Publish                                      JUSTICE
    TEX. R. APP. P. 47
    120887F.U05
    –3–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    MIGUEL ZUNIGA-LOPEZ, Appellant                      On Appeal from the Criminal District Court
    No. 3, Dallas County, Texas
    No. 05-12-00887-CR         V.                       Trial Court Cause No. F12-00559-J.
    Opinion delivered by Justice FitzGerald.
    THE STATE OF TEXAS, Appellee                        Justices Francis and Myers participating.
    Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED
    as follows:
    In the space for “Charging Instrument,” we DELETE the word “INDICTMENT”
    and replace it with the word “INFORMATION.”
    In the space for “Terms of Plea Bargain,” we DELETE the words “15 YEARS
    TDC FINE $1500” and replace them with the word “OPEN.”
    In the space for “Fine,” we delete the $1500 fine and replace it with “N/A.”
    As modified, we AFFIRM the trial court’s judgment.
    Judgment entered February 4, 2014
    /Kerry P. FitzGerald/
    KERRY P. FITZGERALD
    JUSTICE
    –4–
    

Document Info

Docket Number: 05-12-00887-CR

Filed Date: 2/4/2014

Precedential Status: Precedential

Modified Date: 10/16/2015