Nathaniel Demetrius Gordon v. State

MODIFY and AFFIRM; and Opinion Filed January 12, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00427-CR
NATHANIEL DEMETRIUS GORDON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F14-51806-P
MEMORANDUM OPINION
Before Justices Lang, Brown, and Whitehill
Opinion by Justice Brown
Nathaniel Demetrius Gordon appeals following his conviction for theft. In a single issue,
appellant contends the trial court’s judgment should be modified to show he was convicted of a
third-degree felony and there were no plea bargain terms. We modify the trial court’s judgment
and affirm as modified.
Appellant waived a jury and pleaded guilty to theft of property valued at less than $1,500
and with two prior theft convictions, a state-jail felony offense. See TEX. PENAL CODE ANN.
§ 31.03(a), (e)(4)(D) (West Supp. 2014). Appellant also pleaded true to two enhancement
paragraphs that alleged prior state-jail felony convictions for “possession of a controlled
substance” and “forgery financial instrument.” The enhancement paragraphs elevated the
punishment range to that of a third-degree felony. See id. § 12.425(a). At the plea hearing,
appellant testified he rejected the prosecutor’s offer of two years’ imprisonment because he
hoped to receive probation and treatment for his bipolar disorder. After finding appellant guilty
and the enhancement paragraphs true, the trial court sentenced appellant to ten years in prison.
Appellant contends the trial court’s judgment should be modified to show the degree of
the offense for which he was convicted is a third-degree felony. Appellant also argues the trial
court’s judgment should be modified to show there were no plea bargain terms. The State
responds that the trial court’s judgment is correct and should not be modified. We agree with the
State with respect to the degree of the offense.
Although appellant’s punishment was subject to a third-degree felony range due to the
enhancement paragraphs, the theft offense for which he was convicted is a state-jail felony. The
judgment correctly recites the degree of the offense is a state-jail felony.
The judgment does, however, incorrectly state the terms of plea bargain as “10 years
penitentiary.” We sustain appellant’s issue as to the terms of plea bargain. We modify the
judgment to show there were no plea bargain terms. See TEX. R. APP. P. 43.2(b); Bigley v. State,
865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529–30 (Tex.
App.—Dallas 1991, pet. ref’d).
As modified, we affirm the trial court’s judgment.
_/Ada Brown/______________________
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140427F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
NATHANIEL DEMETRIUS GORDON, Appeal from the 203rd Judicial District
Appellant Court of Dallas County, Texas (Tr.Ct.No.
F14-51806-P).
No. 05-14-00427-CR V. Opinion delivered by Justice Brown,
Justices Lang and Whitehill participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as
follows:
The section entitled “Terms of Plea Bargain” is modified to show “None.”
As modified, we AFFIRM the trial court’s judgment.
Judgment entered January 12, 2015.
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