Lesslie Vianey Luna v. the State of Texas ( 2022 )

AFFIRMED as MODIFIED and Opinion Filed October 5, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00308-CR
LESSLIE VIANEY LUNA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 86th Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 18-11042-86-F
MEMORANDUM OPINION
Before Justices Smith, Nowell, and Osborne
Opinion by Justice Smith
Appellant Lesslie Vianey Luna appeals from a judgment revoking her
community supervision and sentencing her to five years’ confinement. In a single
issue, she contends the judgment erroneously reflects that she pleaded true to the
allegations in the motion to revoke and asks this Court to modify the judgment. We
agree and modify the trial court’s judgment revoking community supervision.
Background
In 2019, appellant was indicted for sexual assault of a child. She entered a
negotiated guilty plea to the lesser-included offense of attempted sexual assault of a
child and requested that she be placed on community supervision. The trial court
found appellant guilty and sentenced her to ten years’ confinement. The trial court
then suspended the sentence of confinement in favor of placing appellant on
community supervision for six years.
The State subsequently filed a motion to revoke, alleging appellant had
violated a number of her community supervision conditions. Following a hearing
on the motion, the trial court found the State’s allegations true and entered a
judgment revoking appellant’s community supervision and imposing a sentence of
five years’ confinement. Just prior to making its finding and sentencing appellant,
the trial court stated that appellant had pleaded not true to the allegations in the
motion to revoke. The judgment revoking community supervision, however, reflects
that appellant pleaded true to the allegations.
Modification of Judgment
In a single issue, appellant requests that we modify the judgment revoking
community supervision to reflect that she pleaded not true to the State’s allegations
in the motion to revoke.1 When a record contains the necessary information, we may
modify an incorrect judgment to correct clerical errors. TEX. R. APP.
P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993); Asberry v.
State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref'’d) (en banc). Here,
the record shows that appellant pleaded not true to the allegations prior to the hearing
1
The State has not filed a brief in response.
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on the motion to revoke. Because the trial court’s Judgment Revoking Community
Supervision states otherwise, we sustain her sole issue and modify the section of the
judgment entitled “Plea to Motion to Adjudicate” to state “Not True.”
As modified, we affirm the trial court’s judgment.
/Craig Smith/
CRAIG SMITH
JUSTICE
220308f.u05
Do Not Publish
TEX. R. APP. P. 47.2(b)
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LESSLIE VIANEY LUNA, On Appeal from the 86th Judicial
Appellant District Court, Kaufman County,
Texas
No. 05-22-00308-CR V. Trial Court Cause No. 18-11042-86-
F.
THE STATE OF TEXAS, Appellee Opinion delivered by Justice Smith.
Justices Nowell and Osborne
participating.
Based on the Court’s opinion of this date, the trial court’s Judgment
Revoking Community Supervision is MODIFIED as follows:
to replace "True" with "Not True" in the section entitled "Plea to
Motion to Adjudicate"
As MODIFIED, the judgment is AFFIRMED.
Judgment entered this 5th day of October, 2022.
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