Affirmed as Modified and Opinion Filed July 25, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00020-CR
STEPHEN LEN HEJNY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-58342-S
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Bridges
Stephen Len Hejny appeals following his conviction for theft. In a single issue, appellant
contends the judgment should be modified to reflect he entered an “open” plea of guilty. The
State agrees the judgment should be modified as appellant asks. We modify the trial court’s
judgment and affirm as modified.
Appellant waived a jury, entered an open guilty plea to theft of property valued at $1,500
or more but less than $20,000, and true to two enhancement paragraphs alleging prior state jail
felony convictions. See TEX. PENAL CODE ANN. §§ 31.03(a), (e)(4), 31.07(b), 32.31(d) (West
2011 & Supp. 2013). After finding appellant guilty and the enhancement paragraphs true, the
trial court assessed punishment at five years’ imprisonment.
The judgment states there were terms of a plea bargain agreement. Additionally, the
judgment indicates no plea or finding on the second enhancement paragraph. Thus, the judgment
is incorrect. We sustain appellant’s sole issue.
We modify the judgment to show: (1) the terms of plea bargain were “open;” (2) the plea
to second enhancement paragraph is true; and (3) the finding on the second enhancement
paragraph is true. 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.
Do Not Publish
TEX. R. APP. P. 47 /David L. Bridges/
130020F.U05 DAVID L. BRIDGES
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
STEPHEN LEN HEJNY, Appellant Appeal from the 282nd Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-00020-CR V. F12-58342-S).
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices Francis and Lang-Miers
participating.
Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED to
show:
The section entitled “Terms of Plea Bargain” is modified to show “Open.”
The section entitled “Plea to 2nd Enhancement/Habitual Paragraph” is modified to show
“True.”
The section entitled “Findings on 2nd Enhancement/Habitual Paragraph” is modified to
show “True.”
As modified, we AFFIRM the trial court’s judgment.
Judgment entered July 25, 2014
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