Forrest Adkins v. State ( 2015 )

Affirmed as Modified and Opinion Filed November 4, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01557-CR
FORREST ADKINS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F13-52438-Y
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Myers
Opinion by Justice Bridges
Forrest Adkins appeals his conviction, following the adjudication of his guilt, for
aggravated assault with a deadly weapon. In three issues, appellant contends the trial court’s
judgment should be modified to correctly reflect the offense for which he was convicted, to show
there was no plea agreement, and to show he pleaded true to only one of the allegations in the
motion to adjudicate. The State agrees the judgment should be modified to make the requested
corrections. We modify the trial court’s judgment adjudicating guilt and affirm as modified.
Appellant waived a jury and pleaded guilty to aggravated assault with a deadly weapon,
a letter opener. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). Pursuant to a plea
agreement, the trial court deferred adjudicating guilt and placed appellant on three years’
community supervision. The State later moved to adjudicate guilt, alleging appellant violated
condition (q) by residing at a prohibited address as a condition of community supervision and
condition (u) by going “AWOL” from the Salvation Army. Appellant pleaded true to violating
condition (u) and not true to violating condition (q). After hearing testimony from appellant,
appellant’s older brother, a probation officer, and a Salvation Army counselor, the trial court
found both allegations true, granted the State’s motion, and adjudicated appellant guilty of
aggravated assault with a deadly weapon. The trial court sentenced appellant to ten years’
imprisonment.
The judgment adjudicating guilt states the offense for which appellant was convicted is
“aggravated assault with a deadly weapon/2nd.” The indictment alleged that appellant had a
previous injury to an elderly person conviction that involved family violence. However, the trial
court granted the State’s motion to strike the allegation of the previous family violence
conviction. Therefore, the judgment incorrectly reflects that appellant’s conviction in this case
involves a second family violence conviction. We sustain appellant’s first issue. We modify the
judgment adjudicating guilt to delete the “/2nd” and to show the offense for which appellant was
convicted is aggravated assault with a deadly weapon. See TEX. R. APP. P. 43.2(b); 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).
The judgment adjudicating guilt also incorrectly reflects there was a plea bargain
agreement, when, in fact, appellant entered an open plea of true to one of the allegations in the
motion to adjudicate and not true to the other allegation. Accordingly, we sustain appellant’s
second and third issues. We modify the section of the judgment adjudicating guilt entitled
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“terms of plea bargain” to state “open,” and the section entitled “plea to motion to adjudicate” is
modified to state “True Condition (u), Not True Condition (q).” Id.
As modified, we affirm the trial court’s judgment adjudicating guilt.
Do Not Publish
TEX. R. APP. P. 47
141557F.U05
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FORREST ADKINS, Appellant Appeal from the Criminal District Court
No. 7 of Dallas County, Texas (Tr.Ct.No.
No. 05-14-01557-CR V. F13-52438-Y).
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
MODIFIED as follows:
The section entitled “Offense for which Defendant Convicted” is modified to show
“Aggravated Assault with a Deadly Weapon.”
The section entitled “Plea to Motion to Adjudicate” is modified to show “True Condition
(u), Not True Condition (q).”
The section entitled “Terms of Plea Bargain” is modified to show “Open.”
As modified, we AFFIRM the trial court’s judgment adjudicating guilt.
Judgment entered November 4, 2015.
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