Robert Eugene Pryor v. State
14-15-00057-CR
| Tex. App. | Nov 5, 2015Background
- Appellant Robert Eugene Pryor pled guilty to aggravated robbery; the trial court deferred adjudication and placed him on five years’ community supervision.
- The State later moved to adjudicate guilt; after a hearing the court adjudicated guilt and sentenced Pryor to 18 years’ confinement.
- The deferred-adjudication order contained "N/A" under "Findings on Deadly Weapon."
- At the adjudication hearing the judge acknowledged there was no affirmative deadly-weapon finding in the underlying paperwork and that the adjudication judgment likewise lacked such a finding.
- Pryor argued the judgment should explicitly state that no deadly-weapon finding was made (or be reformed), because such findings affect parole calculations; the State urged affirmance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by entering "N/A" instead of an explicit statement that no deadly-weapon finding was made | Pryor: judgment should be reformed or reversed to explicitly state no deadly-weapon finding, because findings affect parole calculations | State: judgment is correct; "N/A" reflects no finding and should be affirmed | Court: affirmed; "N/A" is an explicit discretionary determination not to make a deadly-weapon finding and not a clerical error |
Key Cases Cited
- Johnson v. State, 233 S.W.3d 420 (Tex. App.—Fort Worth 2007) (discusses deadly-weapon findings and parole calculation)
- Sampson v. State, 983 S.W.2d 842 (Tex. App.—Houston [1st Dist.] 1998) (deadly-weapon finding not applicable to deferred adjudication; requirement to enter finding upon adjudication)
- Kinkaid v. State, 184 S.W.3d 929 (Tex. App.—Waco 2006) (deferred-adjudication orders need not contain deadly-weapon findings because parole eligibility does not apply)
- Hooks v. State, 860 S.W.2d 110 (Tex. Crim. App. 1993) (trial judge in bench trial may decline to make deadly-weapon finding)
- Ex parte Brooks, 722 S.W.2d 140 (Tex. Crim. App. 1986) (absence of affirmative deadly-weapon finding entitles applicant to parole calculation without its effect)