Christopher Lamont Johnson v. State

Affirmed as Modified and Opinion Filed November 24, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01193-CR
CHRISTOPHER LAMONT JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F08-33900-H
MEMORANDUM OPINION
Before Justices Francis, Evans, and Stoddart
Opinion by Justice Francis
Christopher Lamont Johnson appeals his conviction following the adjudication of his
guilt for aggravated robbery with a deadly weapon. In a single issue, appellant contends the
judgment should be modified to correctly reflect his plea to the motion to adjudicate. We modify
the trial court’s judgment adjudicating guilt and affirm as modified.
The State’s motion to adjudicate guilt alleged appellant violated eight conditions of
community supervision, including condition (E) failing to give twenty-four hour notice of
changes in home or employment address. At the hearing on the motion, appellant pleaded not
true to violating condition (E) and true to the remaining allegations. The trial court found that
appellant violated all the conditions alleged in the motion, granted the State’s motion,
adjudicated appellant guilty, and assessed punishment at imprisonment for twenty-five years.
In a single issue, appellant asks that we modify the judgment to reflect he pleaded not
true to violating condition (E). The State agrees the judgment should be modified as appellant
requests. We agree that the judgment adjudicating guilt incorrectly states appellant’s plea to the
motion to adjudicate was “true.” We sustain appellant’s issue.
We modify the judgment to show the plea to the motion to adjudicate was “Not True to
Conditions (E); True to Conditions (B), (H), (J), (K), (L), (N), (Q).” 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).
We note that the judgment also incorrectly shows “n/a” in the section regarding the
deadly weapon finding. Appellant was indicted for, pleaded guilty to, and was convicted of
aggravated robbery with a deadly weapon, a firearm. A firearm is a deadly weapon per se. See
TEX. PENAL CODE ANN. § 1.07(17)(A) (West Supp. 2014). Accordingly, we modify the
judgment adjudicating guilt to show the “findings on deadly weapon” is “yes, a firearm.”
As modified, we affirm the trial court’s judgment adjudicating guilt.
Do Not Publish
TEX. R. APP. P. 47
131193F.U05 /Molly Francis/
MOLLY FRANCIS
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHRISTOPHER LAMONT JOHNSON, Appeal from the Criminal District Court
Appellant No. 1 of Dallas County, Texas (Tr.Ct.No.
F08-33900-H).
No. 05-13-01193-CR V. Opinion delivered by Justice Francis,
Justices Evans and Stoddart participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
MODIFIED as follows:
The section entitled “Plea to Motion to Adjudicate” is modified to show “Not True
Condition (E), True Conditions (B), (H), (J), (K), (L), (N), (Q).”
The section entitled “Findings on Deadly Weapon” is modified to show “Yes, a Firearm.”
As modified, we AFFIRM the trial court’s judgment adjudicating guilt.
Judgment entered November 24, 2014.
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