AFFIRM AS MODIFIED ; Opinion Filed March 9, 2020

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05 - 19 - 00300 - CR No. 05 - 19 - 00301 - CR NIGEL HAYS , Appellant

V. THE STATE OF TEXAS , Appellee On Appeal from the Criminal District Court No. 1

Dallas County, Texas Trial Court Cause No s . F - 1730683 - H , F - 1730684 - H

MEMORANDUM OPINION Before Justices Osborne, Partida

- Kipness, and Pedersen, III

Opinion by Justice Partida

- Kipness Nigel Hay s appeals from the revocation of community supervision and conviction for possession with intent to deliver gamma hydroxybutyrate and the revocation of community supervision for possession with intent to deliver methamphetamine. In one issue, Hays seeks t o reform the trial court’s judgments to accurately reflect his “ N ot true” plea to the State’s motions to revoke community supervision and adjudicate guilt
. The State agrees. We sustain Hays’s sole issue, modify the judgments accordingly, and affirm the j udgments as modified.– 2

–

This Court has the power to correct and reform the judgments of the court below to make the record speak the truth when it has the necessary information to do so. 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). Appellate courts have the power to reform whatever the trial court could have corrected by a judgment nunc pro tunc when the evide nce necessary to correct the judgment appears in the record. Asberry , 813 S.W.2d at 530. Appellate courts may reform judgments to correct improper recitations or omissions relating to punishment, delete affirmative findings improperly entered into the ju dgment, and correct statutory references. See id .; Medlock v. State , No. 05

- 11

- 00668

- CR, 2012 WL 4125922, at *1 (Tex. App.

— Dallas Sept. 20, 2012, no pet.) (mem. op., not designated for publication). Hays was indicted for possession with intent to deliver at least 4 grams but less than 200 grams of methamphetamine (case F

- 1730683

- H) and possession with intent to deliver at least 400 grams of gamma hydroxybutyrate (case F

- 1730684

- H). See T EX . H EALTH & S AFETY C ODE A NN . § 481.112. Hays pleaded guilty to both charges, and the trial court sentenced Hays to 10 years’ community supervision in both cases, deferring adjudication of guilt in case F

- 1730684

- H. The State later alleged that Hays had violated the terms of his community supervision and moved to revoke community supervision or adjudicate guilt in both cases. The trial court granted the State’s motions, sentenced Hays to 10 years’– 3

–

imprisonment in case F

- 1730683

- H, and adjudicated guilt and sentenced Hays to 20 years’ imprisonment in case F

- 1730684

- H. In both judgments, the trial court indicated that Hays pleaded “ TRUE ” to the State’s motion. However, the record reflects that Hays pleaded “ N ot true.” Based on the record before the Court, we sustai n Hays’s sole issue and modify the judgments to reflect that Hays pleaded “ N OT TRUE ” to the “Plea to Motion to Revoke” in case F

- 1730683

- H and the “Plea to Motion to Adjudicate” in case F

1730684

- H. See Asberry , 813 S.W.2d at 530
. We affirm the judgments as modified.

/Robbie Partida

- Kipness/ ROBBIE PARTIDA

- KIPNESS JUSTICE Do Not Publish T EX . R. A PP . P. 47.2(b). 190300 F
. U 05– 4

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

JUDGMENT NIGEL HAYS, Appellant No. 05

- 19

- 00300

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1, Dallas County, Texas Trial Court Cause No. F

- 1730683

- H. Opinion delivered by Justice Partida

Kipness . Justices Osborne and Pedersen, III participating. Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED as follows: The section entitled “Plea to Motion to Revoke” is modified to show “NOT TRUE.” As MODIFIED , the judgment is AFFIRMED
. Judgment entered this 9 th day of March , 2020– 5

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

JUDGMENT NIGEL HAYS, Appellant No. 05

- 19

- 0030 1

- CR V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1, Dallas County, Texas Trial Court Cause No. F

- 173068 4

- H. Opinion delivered by Justice Partida

Kipness . Justices Osborne and Pedersen, III participating. Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED as follows: The section entitled “Plea to Motion to Adjudicate ” is modified to show “NOT TRUE.” As MODIFIED , the judgment is AFFIRMED
. Judgment entered this 9 th day of March , 2020