On
Appeal from the 282nd Judicial District Court Dallas County,
Texas Trial Court Cause Nos. F-1772146-S, F-1035577-S,
F-134001-S, F-1433730-S, F-1433734-S, F-1433735-S.
ORDER
LANA
MYERS PRESIDING JUSTICE.
The
State charged appellant with five
controlled-substance-related offenses. Appellant judicially
confessed to the offenses, the trial court found him guilty
of each offense, and the trial court placed him on community
supervision. A few years later, the State filed a motion to
revoke appellant's community supervision in each of the
five cases, alleging violations of the conditions of
community supervision. One of those conditions was commission
of a new offense, assault. After the State withdrew one of
the allegations, appellant pleaded true to each remaining
allegation in the State's motion to revoke except for the
assault allegation. The trial court entered judgment revoking
appellant's community supervision in each of the five
controlled-substance cases and assessed terms of
incarceration. As to the assault charge, appellant pleaded
not guilty, but a jury found him guilty and the trial court
assessed punishment at seven years' incarceration.
After
assessing punishment, the trial court stated on the record:
"And all of the court costs in all of these matters are
waived." See Reporter's Record Volume 10,
Page 8, Lines 24-25. However, the judgment in cause number
05-18-01176-CR (trial court case number F-1035577-S) assesses
$459.00 in court costs; the judgment in cause number
05-18-01178-CR (trial court case number F-1433730-S) assesses
$424.00 in court costs; the judgment in cause number
05-18-01180-CR (trial court case number F-1433735-S) assesses
$409.00 in court costs; and the judgment in cause number
05-18-01138-CR (trial court case number F-1772146-S) assesses
$299.00 in court costs. The "Criminal Court Fee
Docket" sheets in each of these cases reflects the same
cost assessments as appear in the judgments.
The
judgments in cause numbers 05-18-01177-CR (trial court case
number F-1334001-S) and 05-18-01179-CR (trial court case
number F-1433734-S) do not assess court costs. However, the
"Criminal Court Fee Docket" sheets included in the
clerk's records show costs assessed as $474.00 and
$424.00, respectively, in these cases.
Additionally,
the judgments in the community supervision revocation cases
show appellant pleaded "true" to all allegations.
However, the record indicates appellant pleaded "not
true" to the allegation of assault, and the State
abandoned its allegation that appellant violated
"condition (a) by violating the laws of the State of
Texas in that on or about July 11, 2017 in Dallas County,
Texas, [appellant] did then and there operate a motor vehicle
in a public place while intoxicated."
The
Texas Rules of Appellate Procedure require that we not affirm
or reverse a judgment or dismiss an appeal if (1) the trial
court's erroneous action or failure to act prevents the
proper presentation of a case to the court of appeals and (2)
the court can correct its action or failure to act.
See Tex. R. App. P. 44.4(a); Sanchez v.
State, Nos. 05-16-01020-CR, 05-16-01021-CR,
05-16-01022-CR, & 05-16-01023-CR, 2017 WL 3276008, at *2
(Tex. App.--Dallas July 31, 2017, no pet.) (mem. op., not
designated for publication) (issuing order abating case and
directing trial court to sign corrected judgment of
conviction that contained all of the statutorily mandated
information); Greenwood v. State, No.
05-16-00644-CR, 2017 WL 2590740, at *3 (Tex. App.--Dallas
June 14, 2017, no pet.) (mem. op., not designated for
publication) (issuing order abating case and directing the
trial court to sign corrected judgment of conviction that
contained all of the statutorily mandated information);
Felder v. State, No. 03-13-00706-CR &
03-13-00707-CR, 2014 WL 3560426, at *1 (Tex. App.-Austin July
18, 2014, no pet.) (per curiam) (mem. op., not designated for
publication) (abating appeals and remanding cases to trial
court where the wrong judgment forms were used, and directing
trial court to sign corrected judgments of conviction that
contain all of the statutorily mandated information).
Because
there are multiple inconsistencies in the record, which are
reflected in the judgments and which can be corrected by the
trial court, this Court ORDERS the trial
court to determine whether the judgments and "Criminal
Court Fee Docket" sheets in the above-listed causes are
correct. If they are incorrect, this Court
ORDERS the trial court to sign corrected
judgments of conviction and "Criminal Court Fee
Docket" sheets in the above-listed causes. If the
judgements in the above-listed causes are correct, this Court
ORDERS the trial court to file letters with
the district court clerk in each of the above-listed causes
stating the judgments and "Criminal Court Fee
Docket" sheets are correct.
We
ORDER supplemental clerk's records
containing the corrected judgments of conviction or letters
stating the judgments are correct, along with any corrected
"Criminal Court Fee Docket" sheets, to be filed in
this Court no later than FIFTEEN DAYS from
the date of this order.
These
appeals are ABATED to allow the trial court
to comply with this order. The appeals shall be reinstated
FIFTEEN DAYS from the date of this order or
when the supplemental ...