AFFIRMED as Modified; Opinion Filed July 30, 2014.

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 1 4
- 0 0 106
- CR No. 05
- 14
- 00107
- CR ZEFERINO LABORICO, J R. , Appellant
V. THE STATE OF TEXAS , Appellee On Appeal from the 265th Judicial Distri ct Court Dallas County, Texas Trial Court Cause No s . F 1 0
- 25511
- R, F10
- 25512
- R 

### MEMORANDUM OPINION
Before Justices Fillmore, Evans, and Lewis Opinion b y Justice Evans Zeferino Laborico, Jr. appeals from the adjudicating of his guilt for aggravated s exual assault of a child and indecency with a child. In two issues, appellant contends the trial court’s judgment s should be modified to show there were no plea bargain agreement s in these case s . The State agrees the judgment s should be modified as appel lant asks. We modify the trial court’s judgment s adjudicating guilt and affirm as modified. Appellant waived a jury and pleaded guilty to aggravated sexual assault of a child younger than fourteen y ears and indecency with a child

. See T EX
. P ENAL C ODE A NN
. § § 21.11(a) (1) , 22.021(a)(B) (West 2011 & Supp. 2013 ). In the indecency case, appellant also- 2

- 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, a ppellant rejected a plea agre ement 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 punishm ent 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, th e 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 T EX
. R. A PP
. 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, w e affirm the trial court’s judgment s .

/ David Evans/ DAVID EVANS JUSTICE Do Not Publish T EX
. R. A PP
. P. 47 140106F.U05- 3

- 

## Court of Appeals **Fifth District of Texas at Dalla s** 

JUDGMENT

ZEFERINO LABORICO, J R. , Appellant
No. 05

- 1 4

- 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 Fil lmore 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 co urt’s judgment adjudicating guilt.

Judgment entered July 30 , 2014.- 4

- 

## Court of Appeals **Fifth District of Texas at Dallas**

JUDGMENT

ZEFERINO LABORICO, J R. , Appellant
No. 05

- 1 4

- 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 MODIFIE D 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.