MODIFY and AFFIRM; and Opinion issued March 29, 2013.
In The
Qtourt of ppeat
fifth itrict of exa9 at aUa
No. 05-12-01350-CR
JOHN DEWELDON COLLINS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F12-12005-T
MEMORANDUM OPINION
Before Justices Lang-Miers, Murphy, and Fillmore
Opinion by Justice Lang-Miers
John Deweldon Collins waived a jury and pleaded guilty to injury to a child. See TEX.
PENAL CODE ANN. § 22.04(a) (West Supp. 2012). The trial court assessed punishment at eight
years’ imprisonment. In a single issue, appellant contends the trial court’s 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. The background of the case and
the evidence admitted at trial are well known to the parties, and we therefore limit recitation of
the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure
47.4 because the law to be applied in the case is well settled.
The record shows appellant entered an open guilty plea to the charges in the indictment.
The judgment, however, states appellant entered a guilty plea pursuant to terms of 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 guilty plea and there were no plea bargain terms.
See TEx. R. AiP. 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.
ELHIEY
JUST
Do Not Publish
TEx. R. APP, P.47
121350F.U05
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Qlourt of ppeat
f iftj itrict of exa at afta
JUDGMENT
JOHN DEWELDON COLLINS, Appeal from the 283rd Judicial District
Appellant Court of Dallas County, Texas (Tr.Ct.No.
F12-12005-T).
No, 05-12-01350-CR V. Opinion delivered by Justice Lang-Miers,
Justices Murphy and Fillmore participating.
THE STATE OF TEXAS, Appellee
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 March 29, 2013.