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. 

1 Cause No. F-1439191-X/05-20-00252-CR.
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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.

2 Cause No. F-1560003-X/05-20-00251-CR.
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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. 

200251f.u05

200252f.u05

DO NOT PUBLISH

TEX. R. APP. P. 47.2(b)

/Leslie Osborne//

LESLIE OSBORNE

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

AJAPHREY PATRICE AUSTIN, 

Appellant

No. 05-20-00251-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District 

Court No. 6, Dallas County, Texas

Trial Court Cause No. F-1560003-X.

Opinion delivered by Justice 

Osborne. Justices Myers and Carlyle 

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.
–5–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

AJAPHREY PATRICE AUSTIN, 

Appellant

No. 05-20-00252-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District 

Court No. 6, Dallas County, Texas

Trial Court Cause No. F-1439191-X.

Opinion delivered by Justice 

Osborne. Justices Myers and Carlyle 

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.