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 Nos. F-1730683-H, F-1730684-H

MEMORANDUM OPINION

Before Justices Osborne, Partida-Kipness, and Pedersen, III

Opinion by Justice Partida-Kipness

 Nigel Hays 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 to reform the trial court’s judgments to 

accurately reflect his “Not 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 judgments as modified.
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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 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). Appellate courts have the power to reform whatever the trial court 

could have corrected by a judgment nunc pro tunc when the evidence 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 judgment, 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 TEX. HEALTH & SAFETY CODE ANN. § 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’ 
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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 “Not true.” 

Based on the record before the Court, we sustain Hays’s sole issue and modify 

the judgments to reflect that Hays pleaded “NOT TRUE” to the “Plea to Motion to 

Revoke” in case F-1730683-H and the “Plea to Motion to Adjudicate” in case F1730684-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

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

190300F.U05
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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 PartidaKipness. 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 9th day of March, 2020
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

NIGEL HAYS, Appellant

No. 05-19-00301-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District

Court No. 1, Dallas County, Texas

Trial Court Cause No. F-1730684-H.

Opinion delivered by Justice PartidaKipness. 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 9th day of March, 2020