496 S.W.3d 833
Tex. App.2016Background
- Morris stabbed his former partner over 30 times; arrested and charged with aggravated assault of a family member with a deadly weapon (first‑degree).
- He pleaded guilty to a reduced second‑degree aggravated assault charge without a punishment agreement; PSI was ordered before sentencing.
- A clinical psychologist testified at sentencing that Morris’s IQ was 66 but could not diagnose intellectual disability because adaptive‑functioning had not been measured.
- Defense counsel made no objection at sentencing to the PSI’s omission of an adaptive behavior score.
- The trial court sentenced Morris to 20 years’ confinement. The written judgment incorrectly stated Morris had waived his right to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether omission of an adaptive behavior score in the PSI’s psychological evaluation violated art. 42.12 §9(i) | Morris: mandatory statute required IQ and adaptive score; error non‑forfeitable per Garrett | State: failure to object at sentencing waived complaint; psychological evaluation issues are subject to procedural default | Court: Waiver applies; Morris forfeited the claim by not objecting; issue overruled |
| Whether the written judgment wrongly stated appeal was waived | Morris: he did not waive appeal; judgment should be reformed | State: agreed Morris did not waive appeal; trial court remanded and corrected certification | Court: Modified judgment to delete the “APPEAL WAIVED” finding and affirmed as modified |
Key Cases Cited
- Garrett v. State, 818 S.W.2d 227 (Tex. App.—San Antonio 1991) (held statutory mandate for psychological evaluation cannot be forfeited)
- Nguyen v. State, 222 S.W.3d 537 (Tex. App.—Houston [14th Dist.] 2007) (held failure to object at trial waives complaint about missing IQ/adaptive scores)
- Brand v. State, 414 S.W.3d 854 (Tex. App.—Houston [1st Dist.] 2013) (held adequacy of PSI and psychological evaluation may be waived by inaction)
- Ex parte Broadway, 301 S.W.3d 694 (Tex. Crim. App. 2009) (discusses when a defendant knowingly waives appellate rights as part of a plea)
- French v. State, 830 S.W.2d 607 (Tex. Crim. App. 1992) (appellate courts may reform trial judgments to make the record speak the truth)
- Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App. 1993) (court of appeals’ authority to reform judgments is not limited to clerical mistakes)