Affirmed as Modified; Opinion Filed July 9, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00931-CR
No. 05-13-00932-CR
THOMAS ANTHONY FARINA, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F10-35304-W & F10-35303-W
MEMORANDUM OPINION
Before Justices FitzGerald, Fillmore, and Evans
Opinion by Justice Evans
Thomas Anthony Farina, Jr., appeals from judgments adjudicating guilt following
deferred adjudication in two cases of aggravated sexual assault of a child. In two issues, he
challenges the sufficiency of the evidence to support the trial court’s cost awards and also
requests we modify the judgments to accurately reflect his pleas to the violations of community
supervision conditions alleged the State’s motion to adjudicate.
Appellant pleaded guilty to both indictments without an agreed recommendation
regarding punishment. The trial court deferred adjudication and placed appellant on community
supervision for seven years in each case. Subsequently, on the State’s motion, the trial court
adjudicated guilt and sentenced appellant to fifteen years’ imprisonment in each case. This
appeal ensued.
In his first issue, appellant challenges the sufficiency of the evidence to support the trial
court’s costs assessment of $50 in each case. Specifically, appellant argues that there are no
written bills of costs in the clerk’s records as required by article 103.001 of the code of criminal
procedure. The records before us contain a bill of costs for each case. Appellant’s complaints
have been addressed and rejected. See Johnson v. State, 423 S.W.3d 385, 391–94 (Tex. Crim.
App. 2014); Coronel v. State, 416 S.W.3d 550, 555–56 (Tex. App.—Dallas 2013, pet. ref’d).
We overrule appellant’s first issue.
In his second issue, appellant asserts that the judgments should be modified to accurately
reflect that he pleaded “true” to the first allegation in the motion to adjudicate which alleged a
violation of condition “q” of his community supervision and pleaded “not true” to the second
allegation in the motion asserting a violation of condition “y.” The State agrees that we should
modify the judgments as requested by appellant. Where, as here, the record provides the
necessary information to correct inaccuracies in a judgment, we have the authority to reform the
judgment to speak the truth. 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). Our review of the record confirms that appellant
pleaded true only to the State’s allegation that he violated condition “q” of his community
supervision. Appellant pleaded “not true” to the State’s allegation that violated condition “Y” of
his community supervision. Accordingly, we resolve appellant’s second issue in his favor.
We modify the judgments adjudicating guilt to reflect that appellant pleaded “true” to the
State’s allegation that he violated condition “q” of his community supervision and that appellant
pleaded “not true” to the State’s allegation that he violated condition “y” of his community
supervision.
–2–
As modified, we affirm the trial court’s judgments.
/David Evans/
DAVID EVANS
Do Not Publish JUSTICE
TEX R. APP. P. 47
130931F.U05
–3–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THOMAS ANTHONY FARINA, JR., On Appeal from the 363rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F10-35304-W
No. 05-13-00931-CR V. Opinion delivered by Justice Evans,
Justices FitzGerald and Fillmore
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
MODIFIED as follows:
Appellant pleaded "TRUE" to the allegation in the State's motion to adjudicate
that he violated condition "q" of his supervision and pleaded "NOT TRUE" to the
allegation in the State’s motion to adjudicate that he violated condition "y" of his
supervision.
As MODIFIED, the judgment is AFFIRMED.
Judgment entered this 9th day of July, 2014.
–4–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
THOMAS ANTHONY FARINA, JR., On Appeal from the 363rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F10-35303-W
No. 05-13-00932-CR V. Opinion delivered by Justice Evans,
Justices FitzGerald and Fillmore
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
MODIFIED as follows:
Appellant pleaded "TRUE" to the allegation in the State's motion to adjudicate
that he violated condition "q" of his supervision and pleaded "NOT TRUE" to the
allegation in the State’s motion to adjudicate that he violated condition "y" of his
supervision.
As MODIFIED, the judgment is AFFIRMED.
Judgment entered this 9th day of July, 2014.
–5–