Joe Sanchez v. State

MODIFY and AFFIRM; and Opinion Filed November 24, 2014.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01757-CR
JOE SANCHEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F13-56498-Y
MEMORANDUM OPINION
Before Justices O’Neill, Fillmore, and Brown
Opinion by Justice Fillmore
Joe Sanchez waived a jury and pleaded guilty to aggravated assault with a deadly weapon
involving family violence. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011); TEX. FAM.
CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2014). The trial court assessed punishment
at fifteen years’ imprisonment. In a single issue, Sanchez contends the trial court’s judgment
should be modified to show he entered an open plea of guilty. We modify the trial court’s
judgment and affirm as modified.
The record shows Sanchez entered an open guilty plea to the charges in the indictment.
The judgment, however, incorrectly recites plea bargain terms as “15 years penitentiary.” We
sustain Sanchez’s sole issue. We modify the judgment to delete “15 years Penitentiary” from the
“terms of plea bargain” section. 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.
/Robert M. Fillmore/_________________
ROBERT M. FILLMORE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131757F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOE SANCHEZ, Appellant Appeal from the Criminal District Court
No. 7 of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01757-CR V. F13-56498-Y).
Opinion delivered by Justice Fillmore,
THE STATE OF TEXAS, Appellee Justices O’Neill and Brown participating.
Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as
follows:
Delete “15 Years Penitentiary” from section entitled “Terms of Plea Bargain.”
As modified, we AFFIRM the trial court’s judgment.
Judgment entered November 24, 2014.
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