In The 

Court of Appeals 

Seventh District of Texas at Amarillo

________________________

No. 07-16-00265-CR 

________________________

ANDRE RYNELL EDWARDS, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

 

On Appeal from the 52nd District Court 

Coryell County, Texas 

Trial Court No. 15-22854; Honorable T.D. Farrell, Presiding 

 

January 30, 2017 

 

MEMORANDUM OPINION 

 

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. 

In July 2015, pursuant to a plea bargain, Appellant, Andre Rynell Edwards, was 

placed on deferred adjudication community supervision for a term of two years for 

burglary of a habitation, a second degree felony.

1

 A $1,500 fine was assessed but 

suspended. The trial court also imposed $1,330 in restitution, $50 for Crime Stoppers 

 

1

TEX. PENAL CODE ANN. § 30.02(a)(3), (c)(2) (West 2011). 
2

fee, $500 in attorney’s fees, and court costs. The conditions of community supervision 

were modified in January 2016, and the following month, the State moved to adjudicate 

Appellant’s guilt and revoke his community supervision for violations of those 

conditions. Appellant signed a Stipulation of Evidence and the trial court held a hearing 

on the State’s motion.

At the hearing, without an agreement as to the disposition of the Motion to 

Adjudicate, Appellant entered a plea of true to all the allegations in the State’s motion. 

During his testimony, he acknowledged numerous violations of the conditions of his 

community supervision and his delinquency in financial obligations. Notwithstanding his 

previous modification of the conditions of community supervision, he requested 

continued community supervision or leniency in sentencing. A week after the hearing, 

the trial court held a sentencing hearing and found all the allegations in the State’s 

motion to be true, adjudicated Appellant guilty of the original offense, and sentenced 

him to six years confinement. Appellant filed a timely notice of appeal.2

By a sole issue with five subparts, Appellant requests reformation of the 

judgment adjudicating his guilt for the following errors: (1) the judgment incorrectly 

reflects the terms of a plea bargain at the adjudication hearing when there was none; (2) 

the judgment shows that Appellant had been placed on ten years community 

supervision when the term was only two years; (3) Appellant was assessed a fine but 

the judgment reflects “Fine: $N/A”; (4) the judgment fails to recite the conditions that 

 

2 Originally appealed to the Tenth Court of Appeals, this appeal was transferred to this court by 

the Texas Supreme Court pursuant to its docket equalization efforts. TEX. GOV’T CODE ANN. § 73.001 

(West 2013). Should a conflict exist between precedent of the Tenth Court of Appeals and this court on 

any relevant issue, this appeal will be decided in accordance with the precedent of the transferor court. 

TEX. R. APP. P. 41.3
3

Appellant was found to have violated; and (5) the judgment does not designate the 

specific subsection of section 30.02 of the Texas Penal Code describing the offense for 

which he was convicted. 

By its brief, the State agrees with Appellant that the errors complained of in the 

judgment may be corrected by this court. For reasons explained below, we agree with

Appellant and the State on all but one of the errors, to-wit: that the judgment should 

reflect assessment of a fine. 

APPLICABLE LAW

This court has the power to modify the judgment of the court below to make the 

record speak the truth when we have the necessary information to do so. See Ramirez 

v. State, 336 S.W.3d 846, 852 (Tex. App.—Amarillo 2011, pet. ref'd) (citing Bigley v. 

State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993)). See also Cobb v. State, 95 

S.W.3d 664, 668 (Tex. App.—Houston [1st Dist.] 2002, no pet.). Appellate courts have 

the power to reform whatever the trial court could have corrected by a judgment nunc 

pro tunc where the evidence necessary to correct the judgment appears in the record. 

Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref'd). 

ANALYSIS

We agree with Appellant that the judgment contains numerous errors. On July 8, 

2015, Appellant signed a plea bargain agreement with the State in exchange for two 

years deferred adjudication community supervision and a suspended fine of $1,500. 

The State later moved to revoke Appellant’s community supervision and, at the 

adjudication hearing, the trial court announced, “[a]s indicated, this is not a plea 
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agreement.” The trial court reiterated the lack of a plea agreement during sentencing. 

The Trial Court’s Certification of Defendant’s Right of Appeal correctly reflects that the 

underlying proceeding was not a plea-bargain case and that Appellant has the right of 

appeal. We order the following language deleted from the summary portion of the 

Judgment Adjudicating Guilt, under the heading of Terms of Plea Bargain: “OPEN 

PLEA, SIX (6) YEARS TDCJ-INSTITUTIONAL DIVISION.” In its place, we order that

“N/A” be reflected under that heading.

The last paragraph on the first page of the judgment, reflecting the findings of the 

trial court, recites that Appellant was originally placed on “community supervision for a 

period of 10 YEARS.” The record and Order of Deferred Adjudication confirm that 

Appellant was placed on community supervision for a period of two years. We order 

that the numeral “10” in the trial court’s finding number (3) be deleted and that the 

numeral “2” be substituted in its place.

Appellant also complains that under the summary portion of the judgment entitled 

Fine, it provides “$N/A” instead of including the $1,500 fine originally imposed, but 

suspended. We disagree with Appellant that the judgment needs reforming to reflect 

assessment of a fine because no fine was pronounced at sentencing following the 

adjudication of guilt. A fine is punishment; Weir v. State, 278 S.W.3d 364, 366 (Tex. 

Crim. App. 2009), and as such, it must be contained in the trial court’s oral 

pronouncement of sentence in order to be included in the written judgment. When there 

is a conflict between the oral pronouncement and the written judgment, the oral 

pronouncement controls. Burt v. State, 445 S.W.3d 752, 757 (Tex. Crim. App. 2014). 

Additionally, when guilt is adjudicated, the judgment doing so sets aside the order 
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deferring adjudication. Alexander v. State, 301 S.W.3d 361, 363 (Tex. App.—Fort 

Worth 2009, no pet.). In this case, the record from the sentencing hearing following 

adjudication reflects pronouncement of six years confinement and no other 

pronouncements. Because Appellant’s sentence consists solely of incarceration, the 

judgment correctly reflects “N/A” under the heading of Fine.

The last paragraph on the first page of the judgment also recites “(5) . . . 

Defendant violated the terms and conditions of community supervision as set out in the 

State’s ORIGINAL Motion to Adjudicate Guilt as follows: . . . .” However, the judgment 

fails to recite the conditions that the State alleged Appellant violated and which the trial 

court found to be true. Accordingly, we order that the above-quoted sentence include 

the following: “Violation of Condition #1 by committing the offenses of Possession of 

Marihuana and Possession of Drug Paraphernalia; Violation of Condition #14 by failing 

to make payments for Restitution Fees as ordered by the Court; [and] Violation of 

Condition #20A by failing to make payments for Crime Stopper Fees as ordered by the 

Court.”

Finally, Appellant claims error in failure of the judgment to reflect the exact 

subsection of section 30.02 of the Texas Penal Code of which he was found guilty. 

Article 42.01, section 1 of the Texas Code of Criminal Procedure mandates the 

requirements to be reflected in a judgment. TEX. CODE CRIM. PROC. ANN. art. 42.01 

(West Supp. 2016).3 Paragraph 13 of the statute requires that a judgment include “the 

offense or offenses for which the defendant was convicted.” The offense Appellant was 

 

3

Effective January 1, 2017, the statute was amended. However, the amendments do not affect 

the outcome of this appeal. See Act of May 26, 2015, 84th Leg., R.S., ch. 770, § 2.10, 2015 Tex. Gen. 

Laws 2321, 2361.
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convicted of is entitled simply “Burglary.” Appellant was specifically charged with 

“intentionally or knowingly [entering] a habitation, without the effective consent of [the 

owner],” where he attempted to commit or committed theft of property. Thus, inclusion 

of the subsections accurately describes the offense of which Appellant was convicted. 

We order the summary portion of the judgment, under the heading Statute for Offense, 

recite the following: “30.02(a)(3), (c)(2) Penal Code.” 

CONCLUSION

We overrule Appellant’s issue as to the third subpart; sustain the issue as to 

subparts one, two, four, and five; order reformation of the judgment as indicated; and, 

as reformed, affirm the judgment adjudicating Appellant’s guilt.

Patrick A. Pirtle

 Justice

Do not publish.