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Date: 07-01-2022
Case Style:
Delfino Guadiana v. The State of Texas
Case Number: 05-20-00931
Judge: Erin A. Nowell
Court: Court of Appeals of Texas, Fifth District, Dallas County
Plaintiff's Attorney: Dallas County District Attorney's Office
Defendant's Attorney:
Description: Dallas, Texas criminal defense lawyer represented defendant charged with indecency with a child by exposure and was sentenced to 8 years in prison.
In a single cross-issue, the State requests we modify the judgment to correctly show appellant pleaded "not guilty" to the indictment. An appellate court may modify a trial court's judgment and affirm it as modified. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993). This Court "has the power to correct and reform the judgment of the court below to make the record speak the truth when it has the necessary data and information to do so." Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.-Dallas 1991, writ ref'd). If a clerical error in the trial court's judgment is brought to our attention, we have a "mandatory duty" to correct it. Id.
The judgment states appellant pleaded "guilty." However, the record shows appellant entered a plea of "not guilty." Accordingly, we modify the judgment to change the "Plea to Offense" to state "Not Guilty."
Outcome: In a single cross point, the State requests we modify the judgment. We modify the judgment and affirm as modified.
Plaintiff's Experts:
Defendant's Experts:
Comments: