Ryan Dewayne Norris v. State

Order entered October 5, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01237-CR
RYAN DEWAYNE NORRIS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-1400222-N
ORDER
Appellant was convicted of tampering with physical evidence in May of 2014 and placed
on community supervision. The State later moved to revoke appellant’s community supervision.
In October 2017, the trial court granted the State’s motion, but used the wrong form in rendering
judgment. The judgment is on the form titled, “Judgment Adjudicating Guilt,” instead of on the
appropriate form titled, “Judgment Revoking Community Supervision.” See STANDARDIZED
FELONY JUDGMENT FORMS, http://www.txcourts.gov/rules-forms/forms/ (last visited October 2,
2018).
On August 29, 2018, we ordered the trial court to enter a corrected judgment revoking
community supervision and abated the appeal to allow the trial court to comply. On September
28, 2018, we received a supplemental clerk’s record containing a judgment nunc pro tunc. In that
document, the trial court ordered, “SAID JUDGMENT IN THE ABOVE NUMBERED CAUSE
IS HEREBY AMENDED TO READ THAT JUDGMENT REVOKING COMMUNITY
SUPERVISION [sic].” This change does not correct what is wrong with the substance of the
October 2017 judgment, including the following:
 The judgment includes the inapplicable term “Plea to Motion to Adjudicate,” rather
than the term “Plea to Motion to Revoke.”
 It fails to include the “Original Punishment Assessed.”
 The judgment incorrectly states that the trial court previously made no finding of guilt
and rendered no judgment.
 The judgment does not reflect that appellant was previously convicted of the offense
and that his community supervision was revoked.
Accordingly, this Court ORDERS the trial court to enter a corrected judgment using a
form appropriate for a judgment revoking community supervision. We ORDER the trial court to
transmit a supplemental clerk’s record containing the corrected judgment to this Court no later
than October 19, 2018. Time is of the essence. This appeal was submitted on October 3, 2018,
and cannot proceed with an incorrect judgment. See TEX. R. APP. P. 44.4(a); see Felder v. State,
No. 03-00706-CR, 2014 WL 3560426, at *1 (Tex. App.—Austin July 18, 2014, no pet.) (per
curiam) (mem. op., not designated for publication).
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 we receive the
supplemental clerk’s record, whichever is earlier.
/s/ LANA MYERS
PRESIDING JUSTICE