Automated Summary
Key Facts
Warren Rhone pled guilty to possession of less than one gram of cocaine, a state jail felony. The trial court sentenced him to 24 months in state jail and a $2,000 fine but suspended the sentence in favor of five years of community supervision. The State later moved to revoke his supervision, and Rhone pled true to some allegations, leading to the revocation and imposition of the original sentence. The appellate court found no reversible error but noted a non-reversible error in the trial court's judgment: the record showed Rhone pled 'true' to some revocation allegations, yet the judgment incorrectly stated he pled 'NOT TRUE.' The judgment was modified to reflect his actual pleas of 'TRUE.'
Issues
The trial court's judgment indicated that Warren Rhone pled 'NOT TRUE' to the State's motion to revoke his community supervision. However, the appellate court found that the reporter's record from the revocation hearing showed Rhone pled 'TRUE' to several allegations. Since pleas of 'true' to some allegations were sufficient to justify revocation, the appellate court modified the judgment to reflect the correct plea of 'TRUE' and affirmed the revocation decision. This non-reversible error in the judgment's wording was addressed through judicial reform of the judgment.
Holdings
The court determined that no reversible error exists but found a non-reversible error in the trial court's judgment regarding the defendant's plea. The judgment was modified to reflect that the defendant pled 'TRUE' to some allegations, and the case is affirmed as modified.
Remedies
- After Rhone pled true to some of the State's allegations, the trial court revoked his community supervision and imposed the originally assessed sentence of 24 months' confinement and a $2,000.00 fine.
- The trial court sentenced Warren Rhone to twenty-four months' confinement in state jail and ordered him to pay a $2,000.00 fine but suspended the sentence in favor of placing him on community supervision for five years.
- The Court modified the trial court's judgment to reflect that Rhone pled 'TRUE' to the State's revocation motion instead of 'NOT TRUE' as previously indicated.
Monetary Damages
2000.00
Legal Principles
- The court affirmed the trial judgment as modified, citing that appellate courts have the authority to reform judgments and affirm as modified in cases where there is non-reversible error, as established in Sharpe v. State and Ferguson v. State.
- The court reviewed the entire appellate record and concluded that no reversible error existed, in accordance with Bledsoe v. State, which mandates such a review in Anders cases.
- The court determined that a plea of 'true' to some allegations in a revocation motion is sufficient to support the revocation of community supervision, as per Cole v. State.
- Under Anders v. California, appellate courts require counsel to inform clients of their right to file a pro se response and to submit a brief stating no arguable issues exist. This case followed that principle as the appointed counsel filed a brief and moved to withdraw, which the court granted upon finding no reversible error.
Precedent Name
- Sharpe v. State
- Anders v. California
- High v. State
- In re Schulman
- Cole v. State
- Stafford v. State
- Bledsoe v. State
Cited Statute
- Texas Rules of Appellate Procedure
- Texas Health and Safety Code
Judge Name
- Rambin
- Stevens
- Van Cleef
Passage Text
- As modified, we affirm the trial court's judgment.
- Warren Rhone pled guilty to possession of less than one gram of cocaine, a state jail felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (Supp.). Pursuant to a plea agreement, the trial court sentenced Rhone to twenty-four months' confinement in state jail and ordered him to pay a $2,000.00 fine but suspended the sentence in favor of placing him on community supervision for five years.
- The judgment shows that Rhone pled 'NOT TRUE' to the allegations in the State's motion to revoke his community supervision. This conflicts with the reporter's record from the revocation hearing, which shows that Rhone pled 'true' to several of the State's allegations.