Brentdrick Demond Collier v. State ( 2020 )

Affirmed as modified; Opinion Filed January 15, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00435-CR
BRENTDRICK DEMOND COLLIER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F17-76269-P
OPINION
Before Justices Molberg, Reichek, and Evans
Opinion by Justice Evans
Brentdrick Demond Collier appeals from the trial court’s judgment convicting him of
indecency with a child. In his sole issue, appellant contends the judgment should be reformed to
reflect that he was not sentenced in accordance with a plea bargain agreement. We agree, and the
State does not dispute, that the judgment should be reformed. We sustain the issue and affirm the
judgment as modified.
BACKGROUND
Appellant was charged by indictment with indecency with a child. On April 26, 2018,
appellant rejected a plea offer from the State for fifteen years’ confinement. Appellant waived
trial by jury, entered a plea of not guilty, and proceeded with a bench trial. During the trial,
appellant rejected a second plea offer from the State for ten year’s confinement. Following trial,
the trial court found appellant guilty and sentenced him to twenty years’ confinement in the Texas
Department of Criminal Justice.
ANALYSIS
In his sole issue, appellant requests that this Court reform the judgment because it
incorrectly states that appellant’s sentence was pursuant to a plea agreement. In cases such as
these, where the necessary data and information is available, we have the authority to modify the
incorrect judgment. See TEX. R. APP. P. 43.2(b); Estrada v. State, 334 S.W.3d 57, 63 (Tex.
App.—Dallas 2009, no pet.) (“This Court has the power to modify an incorrect judgment to make
the record speak the truth when we have the necessary information to do so.”); Bigley v. State, 865
S.W.2d 26, 27–28 (Tex. Crim. App. 1993). Accordingly, we sustain appellant’s issue and modify
the judgment to reflect that appellant was not sentenced in accordance with a plea bargain
agreement.
CONCLUSION
Based on the foregoing, we reform the trial court’s judgment to reflect that appellant was
not sentenced in accordance with a plea bargain agreement. As modified, we affirm the trial
court’s judgment.
/David Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
190435F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRENTDRICK DEMOND COLLIER, On Appeal from the 203rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F17-76269-P.
No. 05-19-00435-CR V. Opinion delivered by Justice Evans.
Justices Molberg and Reichek participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED
to reflect that appellant Brentdrick Demond Collier was not sentenced in accordance with a plea
bargain agreement.
As REFORMED, the judgment is AFFIRMED.
Judgment entered this 15th day of January, 2020.
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