in the Matter of X.J.T.

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00176-CV
In the Matter of X.J.T. § From the 323rd District Court
§ of Tarrant County (323-98064J-13)
§ February 27, 2014
§ Opinion by Chief Justice Livingston
§ Dissent by Justice Dauphinot
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was some error in the trial court’s judgment. We modify the deadly weapon
finding in the trial court’s commitment order as follows:
The Court affirmatively finds that the Respondent used or
exhibited a deadly weapon, to-wit: a firearm, during the commission
of the offense found by the jury in Special Issue Number Two or
during the immediate flight therefrom.
We modify the trial court’s judgment for determinate sentencing to replace
the paragraph entitled, “Special Issue Number Two,” as follows:
Do you find from the evidence beyond a reasonable doubt that
the Respondent, [appellant], on or about the 5th day of January,
2013, in the County of Tarrant and State of Texas, engaged in
delinquent conduct by committing the offense of aggravated robbery
against Anuj Shrestha as hereinbefore defined?
We affirm the remainder of the judgment as modified.
SECOND DISTRICT COURT OF APPEALS
By /s/ Terrie Livingston
Chief Justice Terrie Livingston