Court of Appeals of Texas, Twelfth District, Tyler
from the 159th District Court of Angelina County, Texas
consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
Daniel Warren appeals his sentence following the revocation
of his community supervision. In one issue, Appellant argues
the trial court erred by failing to award him credit towards
his sentence for the time he spent in a substance abuse
felony punishment facility (SAFP). We modify and affirm as
2015, Appellant pleaded "guilty" to eight counts of
theft of property totaling less than $1, 500, enhanced.
Pursuant to a plea agreement, Appellant was placed on
deferred adjudication community supervision for ten years on
Counts II-VIII. One of the conditions of Appellant's
community supervision required that he successfully serve a
term of confinement and treatment in a SAFP facility. The
record indicates Appellant entered a SAFP facility on March
28, 2015 and was released on February 10, 2016. Appellant was
then transferred to a Residential Transitional Treatment
Program and released upon completion on May 10, 2016.
August 2016, the State filed a motion to adjudicate or
revoke, which requested the trial court revoke
Appellant's community supervision. Appellant pleaded
"true" to three of the State's allegations.
Following a hearing, the trial court found the allegations in
the State's motion to be "true, " revoked
Appellant's community supervision, and sentenced him to
imprisonment for ten years, with credit for time served. This
sole issue, Appellant complains that the trial court erred by
not crediting his sentence with the time he spent in the
halfway house. The State concedes error.
completion of the inpatient portion of the SAFP program
entitles a defendant to credit towards his sentence for time
spent in the facility. See Tex. Code Crim. Proc.
Ann. art. 42A.755(d) (West 2018) (on revocation, trial court
shall credit to defendant time served as a condition of
community supervision in a substance abuse felony punishment
facility if defendant successfully completed the treatment
program in that facility); Deveraux v. State, Nos.
12-13-00284-CR, 12-13-00285-CR, 2014 WL 977475, at *3 (Tex.
App.-Tyler Mar. 12, 2014, no pet.) (mem. op., not designated
for publication) (a defendant is not required to complete a
subsequent program to receive credit on sentence for time
served in a SAFP facility). In this case, the record
indicates that Appellant completed the inpatient portion of
the SAFP program; thus, we sustain Appellant's sole issue
and conclude that he should receive credit for the time he
spent in SAFP. See Tex. Code Crim. Proc. Ann. art.
42A.755(d); Deveraux, 2014 WL 977475, at *3.
the authority to modify a judgment to make the record speak
the truth when we have the necessary data and information to
do so. See Tex. R. App. P. 43.2(b); see also
Ingram v. State, 261 S.W.3d 749, 754 (Tex. App.-Tyler
2008, no pet.); Davis v. State, 323 S.W.3d 190, 198
(Tex. App.-Dallas 2008, pet. ref'd). In this case, the
record indicates that Appellant entered SAFP on March 28,
2015. Appellant testified, without objection, that he was
transferred to a halfway house on February 10, 2016, for
three months as part of the SAFP treatment plan. Appellant
was not credited for February 10, 2016 through May 10, 2016.
However, the record supports the conclusion that Appellant is
entitled to credit for time spent in SAFP from February 10 to
May 10. Because we have the necessary information, we
conclude that the trial court's judgment should be
modified to reflect credit for the time Appellant served in a
SAFP facility, which, by our calculation, is another ninety
days in addition to the days already credited to his
sentence. See Tex. R. App. P. 43.2(b).
sustained Appellant's sole issue, we modify the
trial court's judgment of adjudication by adding the date
range "From 02/10/2016 TO 05/10/2016" in the
"Time Credited" column between the lines that state
"From 03/28/2015 TO 2/10/2016" and "From
06/05/2017 to 11/07/2017[.]" We aff ...