Opinion
No. 05-16-00450-CR
01-11-2017
MALIK JAHUNN CRAVER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5 Dallas County, Texas
Trial Court Cause No. F14-76542-L
MEMORANDUM OPINION
Before Justices Bridges, Evans, and Schenck
Opinion by Justice Evans
A jury convicted Malik Jahunn Craver of robbery, and the trial court assessed punishment at twenty years' imprisonment. In two issues, appellant contends the trial court's judgment should be modified to show there was no plea bargain agreement and that the trial court assessed the punishment. The State responds the issues are moot because the clerk supplemented the record with the correct, accurate judgment.
The trial court's judgment that was initially filed in this court recited terms of a plea bargain agreement and indicated appellant had waived a jury trial. However, subsequent to the filing of the appellate briefs, we received a supplemental clerk's record that contained the trial court's "judgment of conviction by jury" that correctly indicated punishment was assessed by the trial court and does not show terms of any plea bargain agreement. Therefore, appellant's two grounds of error leave nothing for us to review because the issues raised are now moot. See Sawyer v. State, 655 S.W.2d 226, 227 (Tex. App.—Houston [14th Dist.] 1983, no pet.).
We dismiss the appeal.
/David W. Evans/
DAVID EVANS
JUSTICE Do Not Publish
TEX. R. APP. P. 47
160450F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 5, Dallas County, Texas
Trial Court Cause No. F14-76542-L.
Opinion delivered by Justice Evans. Justices Bridges and Schenck participating.
Based on the Court's opinion of this date, the appeal is DISMISSED. Judgment entered this 11th day of January, 2017.