AFFIRMED as Modified; Opinion Filed July 30, 2014.

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00106-CR

No. 05-14-00107-CR

ZEFERINO LABORICO, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F10-25511-R, F10-25512-R

MEMORANDUM OPINION

Before Justices Fillmore, Evans, and Lewis

Opinion by Justice Evans

Zeferino Laborico, Jr. appeals from the adjudicating of his guilt for aggravated sexual 

assault of a child and indecency with a child. In two issues, appellant contends the trial court’s 

judgments should be modified to show there were no plea bargain agreements in these cases. 

The State agrees the judgments should be modified as appellant asks. We modify the trial 

court’s judgments adjudicating guilt and affirm as modified.

Appellant waived a jury and pleaded guilty to aggravated sexual assault of a child 

younger than fourteen years and indecency with a child. See TEX. PENAL CODE ANN.

§§ 21.11(a)(1), 22.021(a)(B) (West 2011 & Supp. 2013). In the indecency case, appellant also 
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pleaded true to one enhancement paragraph alleging a prior felony conviction. Pursuant to plea 

agreements, the trial court deferred adjudicating guilt, placed appellant on five years’ community 

supervision, and assessed a $1,500 fine in each case. The State moved to adjudicate guilt, 

alleging appellant violated the conditions of community supervision. In a hearing on the 

motions, appellant rejected a plea agreement from the State, pleaded true to the allegations in a 

hearing on the motions, and asked the trial court to continue his community supervision. The 

trial court found the allegations true, adjudicated appellant guilty in each case, and assessed 

punishment at twenty-five years’ imprisonment on the aggravated sexual assault of a child

conviction and fifteen years’ imprisonment on the indecency with a child conviction.

The judgment in each case states there were terms of a plea bargain agreement. Thus, the 

judgments are incorrect. We sustain appellant’s two issues.

We modify the judgments adjudicating guilt to show the terms of plea bargain were 

“open.” See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 

1993); Asberry v. State, 813 S.W.2d 526, 529–30 (Tex. App.—Dallas 1991, pet. ref’d). As 

modified, we affirm the trial court’s judgments.

/ David Evans/

DAVID EVANS

JUSTICE

Do Not Publish

TEX. R. APP. P. 47

140106F.U05
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Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT

ZEFERINO LABORICO, JR., Appellant 

No. 05-14-00106-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the 265th Judicial District 

Court of Dallas County, Texas (Tr.Ct.No. 

F10-25511-R).

Opinion delivered by Justice Evans, 

Justices Fillmore and Lewis participating.

Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is 

MODIFIED as follows:

The section entitled “Terms of Plea Bargain” is modified to show “Open.”

As modified, we AFFIRM the trial court’s judgment adjudicating guilt.

Judgment entered July 30, 2014.
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Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT

ZEFERINO LABORICO, JR., Appellant 

No. 05-14-00107-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the 265th Judicial District 

Court of Dallas County, Texas (Tr.Ct.No. 

F10-25512-R).

Opinion delivered by Justice Evans, 

Justices Fillmore and Lewis participating.

Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is 

MODIFIED as follows:

The section entitled “Terms of Plea Bargain” is modified to show “Open.”

As modified, we AFFIRM the trial court’s judgment adjudicating guilt.

Judgment entered July 30, 2014.