Garzav.State

Court of Appeals Fifth District of Texas at DallasMay 31, 2016
No. 05-15-01402-CR (Tex. App. May. 31, 2016)

No. 05-15-01402-CR No. 05-15-01403-CR

05-31-2016

LUIS CARLOS GARZA, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F14-75577-Q; F14-75578-Q

MEMORANDUM OPINION

Before Justices Bridges, Evans, and O'Neill
Opinion by Justice Bridges

The Hon. Michael J. O'Neill, Justice, Assigned --------

Luis Carlos Garza appeals his aggravated sexual assault of a child convictions. A jury convicted appellant and sentenced him to twenty-five years' confinement in each case. In two points of error, appellant argues the judgment in each case must be modified to recite the fine assessed by the jury. Additionally, appellant argues that, if this Court finds reversible error occurred in this case, we should reverse the trial court's judgments or reverse and remand for new punishment hearings. As modified, we affirm the trial court's judgments.

The jury verdict at sentencing in each case reflects the jury imposed a $10,000 fine. However, the judgment in each case does not impose a fine. Appellant requests that the judgment in each case be modified to reflect the $10,000 fine imposed by the jury. We are authorized to reform the judgment to make it "speak the truth" of the sentence imposed when we have the necessary data and information to do so. Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref'd). Having found no reversible error in the proceedings below, we modify the judgment in each case to correctly reflect the $10,000 fine imposed by the jury. See id. We sustain appellant's points of error.

As modified, we affirm the trial court's judgment.

/David L. Bridges/


DAVID L. BRIDGES


JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b) 151402F.U05

JUDGMENT

On Appeal from the 204th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-75577-Q.
Opinion delivered by Justice Bridges. Justices Evans and O'Neill participating.

Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:

under the heading "fine," "N/A" is deleted and "$10,000" is substituted. As REFORMED, the judgment is AFFIRMED. Judgment entered May 31, 2016.

JUDGMENT

On Appeal from the 204th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-75578-Q.
Opinion delivered by Justice Bridges. Justices Evans and O'Neill participating.

Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:

under the heading "fine," "N/A" is deleted and "$10,000" is substituted. As REFORMED, the judgment is AFFIRMED. Judgment entered May 31, 2016.