Zachary Michael Lee v. the State of Texas ( 2024 )

Modified and Affirmed and Opinion Filed February 5, 2024
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00352-CR
ZACHARY MICHAEL LEE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 1
Collin County, Texas
Trial Court Cause No. 001-86283-2022
MEMORANDUM OPINION
Before Justices Carlyle, Goldstein, and Breedlove
Opinion by Justice Breedlove
The trial court found appellant guilty of Failure to Identify Fugitive
Intentionally Giving False Information in violation of Texas Penal Code 38.02
(b)(2), (d)(2) and was sentenced to 15 days in county jail. Appellant appeals,
complaining that the judgment should be modified to correctly reflect the
information required by Tex. Code Crim. Proc. art. 42.01, § 1. Concluding that the
record supports this modification, we modify the trial court’s judgment and affirm.
I. BACKGROUND
On April 17, 2023, appellant appealed the trial court’s judgment that was
entered on March 30, 2023. In one issue, appellant complains that the judgment
should be modified to correctly reflect the information required by Tex. Code Crim.
Proc. art. 42.01, § 1, specifically: (a) the names of the attorneys for the State and
appellant; (b) the plea entered; and (c) the degree of the offense for which appellant
was convicted. In response, the State agrees.
II. DISCUSSION
The judgment entered in this case fails to list the names of the attorneys for
the State and Defense. Further, it ambiguously states that appellant “pleaded Guilty
or Nolo Contendere,” rather than stating which of the two pleas was entered. Finally,
the judgment does not state the degree of the offense, only that it is a “misdemeanor.”
The Texas Code of Criminal Procedure states that a judgment “shall reflect,” among
other things, the names of the attorney for the State and the defendant, the plea to
the offense charged, and the degree of offense for which the defendant was
convicted. TEX. CODE CRIM. PROC. ANN. art. 42.01 § 1. The Article applies to
misdemeanors as well as felonies. TEX. CODE CRIM. PROC. ANN. art. 42.01 § 3.
Appellate courts may modify a trial court's judgment and affirm it as modified.
See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App.
1993). 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
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information to do so.” Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas
1991, writ ref’d). Appellate courts may reform trial court judgments where “the
evidence necessary to correct the judgment appears in the record.” Id. Here, the
record contains all the necessary information required to modify the judgment.
Therefore, we modify the judgment to reflect the following: (1) Hugh A. Fuller was
the attorney for the defendant and Assistant District Attorney Nicole DeVincenzi
was the attorney for the State; (2) appellant pleaded “guilty”; and (3) appellant was
convicted of a Class A misdemeanor.
III. CONCLUSION
We modify the trial court’s judgment and affirm as modified.
230352f.u05 /Maricela Breedlove/
Do Not Publish MARICELA BREEDLOVE
TEX. R. APP. P. 47.2(b) JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ZACHARY MICHAEL LEE, On Appeal from the County Court at
Appellant Law No. 1, Collin County, Texas
Trial Court Cause No. 001-86283-
No. 05-23-00352-CR V. 2022.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Breedlove. Justices Carlyle and
Goldstein participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
MODIFIED as follows:
Add “Hugh A. Fuller” as the attorney for the defendant; add “Nicole
DeVincenzi” as the attorney for the State; change “pleaded Guilty or Nolo
Contendere” to “Guilty”; and add “Class A” before “misdemeanor.”
As REFORMED, the judgment is AFFIRMED.
Judgment entered this 5th day of February, 2024.
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