Alan Michael Schueckler v. State

Affirmed as modified and Opinion Filed March 2, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01370-CR
ALAN MICHAEL SCHUECKLER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-72399-R
MEMORANDUM OPINION
Before Justices Schenck, Smith, and Garcia
Opinion by Justice Garcia
Appellant Alan Michael Schueckler pleaded guilty to sexual assault of a child
and was placed on deferred adjudication community supervision for eight years.
Almost six years later, the State filed a motion to revoke probation or proceed
with an adjudication of guilt, which it later amended. After a hearing, the trial court
adjudicated appellant guilty and assessed punishment at four years’ imprisonment.
Appellant timely appealed.
In two issues, appellant asserts that the judgment adjudicating guilt incorrectly
states that he pleaded true to the State’s motion to adjudicate. He asks us to modify
the judgment to show that he pleaded not true to allegations “aa” and “y.” The State
does not oppose appellant’s requested relief.
The State’s amended motion alleged that appellant violated four conditions of
his probation, namely conditions “aa,” “v,” “y,” and “z.” The reporter’s record of
the motion-to-adjudicate hearing shows that the State withdrew its motion as to
condition “z.” It also shows that appellant pleaded true to violating condition “v”
and pleaded not true to all other alleged violations.
We can modify the trial court’s judgment to make the record speak the truth
when we have the information necessary to do so. See TEX. R. APP. P. 43.2(b);
Asberry v. State, 813 S.W.2d 526, 529–30 (Tex. App.—Dallas 1991, pet. ref’d) (en
banc).
Accordingly, we modify the trial court’s judgment so that the section entitled
“Plea to Motion to Adjudicate” reads “True to violation of condition ‘v.’ Not true
to violations of conditions ‘y’ and ‘aa.’” We affirm the judgment as modified.
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
Do Not Publish
Tex. R. App. P. 47.2(b)
191370F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ALAN MICHAEL SCHUECKLER, On Appeal from the 265th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F11-72399-R.
No. 05-19-01370-CR V. Opinion delivered by Justice Garcia.
Justices Schenck and Smith
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we MODIFY the trial court’s
judgment adjudicating guilt as follows:
The section entitled “Plea to Motion to Revoke” is modified to show “True
to violation of condition ‘v.’ Not true to violations of conditions ‘y’ and ‘aa.’”
We AFFIRM as modified the trial court’s judgment adjudicating guilt.
Judgment entered March 2, 2021.
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