Affirmed as Modified and Opinion Filed April 29, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01332-CR
W. W. WISE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F13-52723-P
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Francis
W. W. Wise appeals following his conviction for theft. In two issues, appellant contends
the judgment should be modified to reflect he was convicted of a state jail felony and to show his
pleas and the trial court’s finding on two enhancement paragraphs. The State agrees the
judgment should be modified. We modify the trial court’s judgment and affirm as modified.
Appellant waived a jury and pleaded guilty to theft of property valued at $1,500 or more
but less than $20,000, a state-jail felony offense. Appellant also pleaded true to two
enhancement paragraphs that alleged prior state-jail felony convictions for “criminal
mischief/$1,500” and “theft $1,500.” The enhancement paragraphs elevated the punishment
range to that of a third-degree felony. After finding appellant guilty and the enhancement
paragraphs true, the trial court sentenced appellant to five years in prison.
The judgment states the degree of appellant’s offense was a third-degree felony.
However, although appellant’s punishment was subject to a third-degree felony range due to the
enhancement paragraphs, he was convicted of a state-jail felony. Thus, the judgment is
incorrect. Additionally, the judgment incorrectly states the pleas and findings to the
enhancement paragraphs as “N/A.” We sustain appellant’s two issues.
We modify the judgment to show: (1) the degree of the offense is state jail felony; (2) the
plea to first enhancement paragraph is true; (3) the finding on first enhancement paragraph is
true; (4) the plea to the second enhancement paragraph is true; and (5) the finding on the second
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Do Not Publish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
131332F.U05
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
W. W. WISE, Appellant Appeal from the 203rd Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01332-CR V. F13-52723-P).
Opinion delivered by Justice Francis,
THE STATE OF TEXAS, Appellee Justices Bridges and Lang-Miers
participating.
Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as
follows:
The section entitled “Degree of Offense” is modified to show “State Jail Felony.”
The section entitled “Plea to 1st Enhancement Paragraph” is modified to show “True.”
The section entitled “Findings on 1st Enhancement Paragraph” is modified to show
“True.”
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.
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As modified, we AFFIRM the trial court’s judgment.
Judgment entered April 29, 2014
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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