Eric Fobbs v. the State of Texas, 02-23-00174-CR

Eric Fobbs was convicted by a jury of two counts of sexual assault of a child and two counts of indecency with a child by sexual contact; he was acquitted on a third count of sexual assault of a child.
Fobbs had prior convictions for similar offenses, which led to his sentences being enhanced to life imprisonment on each count, to run concurrently.
At trial, the State presented evidence of Fobbs’s prior sexual offenses against children, over Fobbs’s objection that it violated his due process rights under Article 38.37, Section 2 of the Texas Code of Criminal Procedure.
Fobbs appealed, raising (1) the constitutionality of Article 38.37, Section 2, as applied, and (2) a clerical error misidentifying the offense of Count Three in the judgment.
The State conceded the clerical error in Count Three’s judgment; a separate clerical error (incorrectly noting a $100 fine for Count One) was also identified by the appellate court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of Article 38.37, Section 2	Fobbs: Admitting prior-bad-act evidence violates due process	State: Provision is constitutional; prior case law supports it	Court held Article 38.37, Section 2 constitutional
Clerical error in Count Three judgment	Judgment wrongly identifies offense as indecency, not sexual assault	State agrees judgment is incorrect	Judgment modified to correct offense
Clerical error in Count One judgment	Judgment erroneously imposes a $100 fine not orally pronounced	N/A	Fine deleted; judgment modified

French v. State, 830 S.W.2d 607 (Tex. Crim. App. 1992) (Appellate courts have authority to correct clerical errors in criminal judgments)
Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) (Judgment must accurately reflect the oral pronouncement of the sentence)