AFFIRMED as Modified; Opinion Filed June 3, 2013.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00792-CR
ANTHONY BAINES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. F11-63373-X
MEMORANDUM OPINION
Before Justices Lang, Myers, and Evans
Opinion by Justice Myers
Anthony Baines waived a jury and pleaded guilty to theft of property valued at $1,500 or
more but less than $20,000. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(A) (West 2011).
Appellant also pleaded true to two enhancement paragraphs alleging prior theft convictions. The
trial court assessed punishment at ten years’ imprisonment. In a single issue, appellant contends
the judgment should be modified to show there was no plea bargain agreement. The State agrees
modification is needed. We modify the trial court’s judgment and affirm as modified. Appellant
entered an open plea of guilty to the indictment. The judgment, however, states he pleaded
guilty pursuant to a plea bargain agreement. Thus, the judgment is incorrect. We sustain
appellant’s sole issue.
We modify the judgment to show appellant entered an open plea of guilty and there were
no plea bargain terms. 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.
/Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
120792F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ANTHONY BAINES, Appellant Appeal from the Criminal District Court
No. 6 of Dallas County, Texas (Tr.Ct.No.
No. 05-12-00792-CR V. F11-63373-X).
Opinion delivered by Justice Myers,
THE STATE OF TEXAS, Appellee Justices Lang and Evans participating.
Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as
follows:
The section entitled “Terms of Plea Bargain” is modified to show “Open.”
As modified, we AFFIRM the trial court’s judgment.
Judgment entered June 3, 2013.
/Lana Myers/
LANA MYERS
JUSTICE
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