Affirmed as modified; Opinion Filed November 26, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-18-01097-CR

JOHN HENRY ALLEN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F18-52271-P

MEMORANDUM OPINION

Before Justices Myers, Osborne, and Nowell

Opinion by Justice Myers

A jury convicted appellant John Henry Allen of assault on a peace officer and, following a 

punishment hearing, the trial court sentenced appellant to ten years’ imprisonment. In only one 

issue, appellant argues the judgment should be modified to reflect that appellant’s sentence 

resulted from a plea agreement. 

The record reflects that, at the close of the punishment hearing, the trial court stated: “So 

I will sentence you pursuant to the plea bargain agreement, which was an oral plea bargain 

agreement on the record, and you agreed to it, [appellant], to ten years [sic] confinement in the 

Texas Department of Criminal Justice[.]” The judgment shows that the punishment was assessed 

by the “COURT,” and it further reads that the punishment and place of confinement is “10 YEARS 

INSTITUTIONAL DIVISION, TDCJ.” The clerk’s record contains no plea-bargain agreement 

papers. The trial court’s certification of appellant’s right of appeal contains a checkmark in the 
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box adjacent to the pre-printed language, “I, judge of the trial court, certify this criminal case: is 

not a plea-bargain case, and that the defendant has the right of appeal[.]” The State argues in its 

brief that although the judgment does not state that the sentence was an agreed sentence, it is not 

incorrect in stating that the trial court assessed appellant’s punishment. However, the State says it 

“is not adverse to this Court modifying the judgment to reflect Appellant’s sentence was an ‘agreed 

sentence.’”

We have the power to modify an incorrect judgment to make the record speak the truth 

when it has the necessary information before it 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). Accordingly, we will modify the judgment in this case to 

reflect that the sentence assessed by the trial court was an agreed sentence. 

As modified, the judgment of the trial court is affirmed. 

Do Not Publish

Tex. R. Civ. P. 47.2(b)

181097F.U05

/Lana Myers/

LANA MYERS

JUSTICE
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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

JOHN HENRY ALLEN, Appellant

No. 05-18-01097-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. F18-52271-P.

Opinion delivered by Justice Myers. 

Justices Osborne and Nowell participating.

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

as follows:

The portion of the judgment entitled, “Punishment and Place of Confinement: 10 

YEARS INSTITUTIONAL DIVISION, TDCJ,” should be changed to read: 

“Punishment and Place of Confinement: AGREED SENTENCE 10 YEARS 

INSTITUTIONAL DIVISION, TDCJ.”

As REFORMED, the judgment is AFFIRMED.

Judgment entered this 26th day of November, 2019.