Courtney Alan Smith v. State ( 2020 )

Order entered January 22, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00622-CR
COURTNEY ALAN SMITH, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F-1845164-I
ORDER
Appellant came before the trial court on the State’s amended motion to revoke probation
or proceed with an adjudication of guilt. The trial court’s judgment states the trial court found
appellant “violated the conditions of community supervision, as set out in the State’s
AMENDED Motion to Adjudicate Guilt, as follows: A, A, A, H, J, K, N, Q, R, S.” On appeal,
appellant requests we modify the judgment to reflect the specific allegations the court found to
be true.
At the end of the hearing on the State’s motion to revoke, the trial court found allegations
A, Q, R, and S true; it found the allegations H, J, K, and N not true. However, the amended
motion to revoke included three separate allegations labeled with the letter “A,” and the trial
court did not clarify which allegation(s) labeled “A” it found to be true. While this Court “has
the power to correct and reform the judgment of the court below to make the record speak the
truth when it has the necessary data and information to do so,” Asberry v. State, 813 S.W.2d 526,
529 (Tex. App.—Dallas 1991, writ ref’d), we do not have the necessary information to correct
the judgment in this instance.
Accordingly, this Court ORDERS the trial court to sign a corrected judgment
adjudicating guilt in the above cause that states which of the State’s allegation(s) labeled “A” in
its amended motion to revoke that the trial court found to be true. We ORDER a supplemental
clerk’s record containing the corrected judgment adjudicating guilt be filed in this Court no later
than TWENTY DAYS from the date of this Order.
This appeal is ABATED to allow the trial court to comply with this order. The appeal
shall be reinstated TWENTY DAYS from the date of this order or when the supplemental
clerk’s record is received, whichever is earlier.
/s/ DAVID L. BRIDGES
PRESIDING JUSTICE