Keion Wilson v. State

AFFIRMED as MODIFIED and Opinion Filed February 15, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00615-CR
KEION WILSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F-1623323-N
MEMORANDUM OPINION
Before Justices Whitehill, Molberg, and Reichek
Opinion by Justice Whitehill
Appellant was charged with intent to deliver a controlled substance in an amount of four
grams or more but less than 200 grams, pled guilty, and in accordance with a plea bargain, the
court deferred adjudication of guilt, placed appellant on five years community supervision, and
assessed a $1,000 fine.
After appellant was subsequently charged with interfering with an emergency request for
assistance, aggravated robbery, and possession of marijuana, the State moved to adjudicate guilt.
After a hearing, the trial court found appellant guilty of intent to deliver a controlled substance in
an amount of four grams or more but less than 200 grams and assessed punishment at fifteen years
imprisonment.
In three issues, appellant requests that we modify the judgment to reflect that (i) he pled
not true to the violations alleged in the motion to adjudicate guilt, (ii) he did not enter into a plea
bargain concerning the motion to adjudicate guilt, and (iii) the trial court found that he violated
condition (a) of his community supervision terms. The State agrees that the judgment should be
so modified.
We are authorized to reform a judgment to make the record speak the truth when we have
the necessary information to do so. Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993).
Here, the record reflects that (i) appellant pled not true to the violations alleged in the
motion to adjudicate guilt, (ii) appellant did not enter into a plea bargain concerning the motion to
adjudicate guilt, and (iii) the trial court found that appellant violated condition (a) of his community
supervision terms. We therefore sustain appellant’s issues and modify the judgment accordingly.
As modified, the judgment is affirmed.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
180615F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KEION WILSON, Appellant On Appeal from the 195th Judicial District
Court, Dallas County, Texas
No. 05-18-00615-CR V. Trial Court Cause No. F-1623323-N.
Opinion delivered by Justice Whitehill.
THE STATE OF TEXAS, Appellee Justices Molberg and Reichek participating.
Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED
to reflect that (i) appellant pled not true to the violations alleged in the motion to adjudicate guilt,
(ii) appellant did not enter into a plea bargain concerning the motion to adjudicate guilt, and (iii)
the trial court found that appellant violated condition (a) of his community supervision terms.
As REFORMED, the judgment is AFFIRMED.
Judgment entered February 15, 2019
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