AFFIRM as niodilied; Opinion issued November 8, 2012
In The
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No. 05-1 1-01404-CR
No. 05-1 1-01405-CR
AN1)REW WHITAKER, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause Nos. F01-37502-J, F0i-37395-J
MEMORANDUM OPINION
Before Justices Morris, Francis, and Murphy
Opinion By Justice Morris
At trial, Andrew Whitaker, Jr. waived a jury and pleaded guilty to two aggravated assault
with a deadly weapon offenses. After finding appellant guilty, the trial court assessed punishment
at ten years’ imprisonment and a $1 ,500 fine in each case. in a single issue, appellant contends the
trial court’s judgments should be modified to reflect there were no plea agreements in these cases.
We modify the trial court’s judgments 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.
Appel hint contends the judgment in each case should he modi tied to show there was no plea
agreement. The State agrees that the judgments should he modifIed as requested by appellant. The
reporters records show appellant entered guilt pleas to the oHenses charged in the indictments
without the benefit ofa plea agreement. The judgments state appellant was sentenced in each case
to “10 years TDC” pursuant to a plea agreement. Thus, the judgments are incorrect. We resolve
appellant’s sole issue in his favor. We modify the judgments to show the plea bargain terms were
open.” See Tix. R. App. P.43.2(b): Bigic’ v. State. 865 S.W.2d 26. 27--28 (Tex. Crim. App. 1993).
As modified, we affirm the trial court’s judgments.
JOPH . MORRIS
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JUDGMENT
ANDREW WHITAKER. JR., Appellant Appeal from the Criminal District Court
No. 3 of Dallas County, Texas. (Tr.Ct.No.
No. 05-i 1-01404-CR V. FOl -37502-i).
Opinion delivered by Justice Morris.
THE STATE OF TEXAS. Appellee Justices Francis and Murphy participating.
Based on the Court’s opinion of this date. the judgment of the trial court is MO1)IFIED
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 November 8, 2012.
IOSiiEiB ORRIS
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JUDGMENT
ANI)REW WI IITAKER, .JR., Appellant Appeal from the Criminal District Court
No. 3 of Dallas County, Texas. (Tr.Ct.No.
No. 05-1 1-01405-CR V FO 1-37395-i).
Opinion delivered by Justice Morris.
THE STATE OF TEXAS. Appellee Justices Francis and Murphy participating.
Based on the Court’s opinion of this date, the judgment of the trial court is MO1)IFIED
as follows:
The section entitled “Terms oiPlea Bargain” is modified to show ‘Open.”
As modified. we AFFIRM the trial court’s judgment.
Judgment entered November 8, 0212.
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WSTICE