Ajaphrey Patrice Austin v. the State of Texas

Affirmed as Modified and Opinion Filed May 19, 2021

In The

Court of Appeals Fifth District of Texas at Dallas No. 05-20-00251-CR No. 05-20-00252-CR AJAPHREY PATRICE AUSTIN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F-1560003-X, F-1439191-X MEMORANDUM OPINION

Before Justices Myers, Osborne, and Carlyle

Opinion by Justice Osborne

In October 2014, appellant Ajaphrey Patrice Austin entered into a plea agreement with the State and pled guilty to the offense of aggravated assault with a deadly weapon.1 See TEX. PENAL CODE ANN. § 22.02. In accordance with the plea agreement, the trial court placed appellant on five years’ deferred adjudication community supervision and fined appellant $500.00 as a condition of probation.

In May 2016, appellant entered an open plea of guilty to the offense of robbery.2 See id. § 29.02. The trial court placed appellant on ten years’ deferred adjudication community supervision.

In October 2019, the State filed in each case an amended motion to proceed with an adjudication of guilt, alleging various violations of the terms of appellant’s community supervision.

On January 27, 2020, appellant, without the benefit of a plea agreement with the State, entered a plea of true to the allegations in the amended motions to adjudicate. At the conclusion of the hearing, the trial court accepted appellant’s plea of true, adjudicated her guilty, and sentenced her to a term of six years’ confinement in the Institutional Division of the Texas Department of Criminal Justice in each case with the sentences to run concurrently. Appellant filed a motion for new trial and notice of appeal in each case.

Appellant asserts a single issue on appeal: appellant requests that this Court modify the judgment in each case to reflect the correct spelling of the prosecutor’s name. In each case, the judgment adjudicating guilt spells the prosecutor’s name as “Hillary Wright.” Appellant contends the correct spelling of the prosecutor’s name is “Hilary Wright.” The State agrees the judgments should be modified.

We are authorized to reform 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); Bigley v. State, 865 S.W.2d 26, 27 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref’d) (en banc). The record supports the requested modification. We, therefore, sustain appellant’s sole issue and modify the judgments to correctly spell the prosecutor’s name as “Hilary Wright.”

Accordingly, as modified, we affirm the trial court’s judgments.

/Leslie Osborne// LESLIE OSBORNE

200251f.u05 JUSTICE 200252f.u05 DO NOT PUBLISH TEX. R. APP. P. 47.2(b)

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

AJAPHREY PATRICE AUSTIN, On Appeal from the Criminal District Appellant Court No. 6, Dallas County, Texas

Trial Court Cause No. F-1560003-X. No. 05-20-00251-CR V. Opinion delivered by Justice

Osborne. Justices Myers and Carlyle THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED as follows: the trial court’s judgment adjudicating guilt is modified to correctly spell the prosecutor’s name as Hilary Wright.

As REFORMED, the judgment is AFFIRMED.

Judgment entered this 19th day of May 2021.

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

AJAPHREY PATRICE AUSTIN, On Appeal from the Criminal District Appellant Court No. 6, Dallas County, Texas

Trial Court Cause No. F-1439191-X. No. 05-20-00252-CR V. Opinion delivered by Justice

Osborne. Justices Myers and Carlyle THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED as follows: the trial court’s judgment adjudicating guilt is modified to correctly spell the prosecutor’s name as Hilary Wright.

As REFORMED, the judgment is AFFIRMED.

Judgment entered this 19th day of May 2021.