Court of Civil Appeals of Texas, 2021

Gerald Wilson Thomas v. the State of Texas

Gerald Wilson Thomas v. the State of Texas
Court of Civil Appeals of Texas · Decided July 8, 2021

Gerald Wilson Thomas v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 8, 2021

NO. 03-19-00471-CR

Gerald Wilson Thomas, Appellant v. The State of Texas, Appellee

APPEAL FROM THE 207TH DISTRICT COURT OF COMAL COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES BAKER AND KELLY MODIFIED AND, AS MODIFIED, AFFIRMED -- OPINION BY CHIEF JUSTICE BYRNE

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed the record and the parties’ arguments, the Court holds that there was no error in the court’s judgment requiring reversal. However, there was error in the judgment that requires correction.

Therefore, the Court modifies the trial court’s judgment of conviction to accurately reflect that Thomas’s “Degree of Offense” is a “Second-Degree Felony Enhanced to Habitual Offender (25 Years to 99 Years or Life)” and that the “Statute for Offense” from the Penal Code is “22.02(a)(2).” The judgment, as modified, is affirmed. Because appellant is indigent and unable to pay costs, no adjudication of costs is made.

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