Johnny Ray Elliott v. State

Affirmed as Modified and Opinion Filed October 21, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00067-CR
JOHNNY RAY ELLIOTT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F06-66580-I
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Myers
Opinion by Justice Francis
Johnny Ray Elliott appeals from the adjudication of his guilt for assault involving family
violence, with a prior assault-family violence conviction. The trial court assessed punishment,
enhanced by one prior felony conviction, at imprisonment for ten years. In two issues, appellant
contends the trial court’s judgment adjudicating guilt should be modified to accurately reflect his
plea to the motion to adjudicate and the name of the State’s attorney. We modify the trial court’s
judgment adjudicating guilt and affirm as modified.
The judgment adjudicating guilt recites appellant pleaded true to the motion to adjudicate
and the attorney representing the State during the proceedings was Justin McCants. The record,
however, shows appellant pleaded not true to the allegations in the motion to adjudicate, and that
Rontear Farmer represented the State during the proceedings. Thus, the judgment is incorrect.
We sustain appellant’s issues.
We also note the judgment incorrectly recites terms of a plea bargain agreement. We
modify the judgment adjudicating guilt to show: (1) the attorney for the State is “Rontear
Farmer;” (2) the plea to the motion to adjudicate is “not true;” and (3) to delete “10 years TDCJ”
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 adjudicating guilt.
Do Not Publish
TEX. R. APP. P. 47
140067F.U05
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOHNNY RAY ELLIOTT, Appellant Appeal from the Criminal District Court
No. 2 of Dallas County, Texas (Tr.Ct.No.
No. 05-14-00067-CR V. F06-66580-I).
Opinion delivered by Justice Francis, Chief
THE STATE OF TEXAS, Appellee Justice Wright and Justice Myers
participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
MODIFIED as follows:
The section entitled “Attorney for State” is modified to show “Rontear Farmer.”
The section entitled “Plea to Motion to Adjudicate” is modified to show “Not True.”
Delete “10 Years TDCJ” from section entitled “Terms of Plea Bargain.”
As modified, we AFFIRM the trial court’s judgment adjudicating guilt.
Judgment entered October 21, 2014
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