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451 S.W.2d 487

Compas v. State

Court of Criminal Appeals of Texas · decided 1970-03-04

Cited by 1 later decisions — most recently May 1980

1 state decisions

Relies on 156 Tex. Crim. 231 - Ex Parte King · 161 Tex. Crim. 407 - Stephens v. State · 58 Tex. Crim. 550 - Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1970-03-04

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¶1OPINION

WOOD LEY, Presiding Justice.

¶2The offense is shoplifting, a misdemean- or; the punishment assessed upon appellant’s plea of guilty before the court, 5 days in jail and a fine of $100.00.

¶3No brief has been filed in appellant’s behalf and no question of indigency is presented.

¶4The proceedings appear to be regular except for the portion of the judgment which, after reciting that upon his plea of guilty the court finds the defendant guilty of the offense charged in the information herein, further recites “to wit: Liquor Law Violation.”

¶5The offense charged in the information was shoplifting. Erroneously classifying the offense charged as a Liquor Law Violation does not render the judgment void. The judgment is reformed so as to eliminate the quoted words “to wit: Liquor Law Violation.” Ex parte King, 156 Tex. Cr.R. 231, 240 S.W.2d 777; Childress v. State, Tex.Cr.App., 268 S.W.2d 201; Robinson v. State, 58 Tex.Cr.R. 120, 126 S.W. 276.

¶6The judgment in a misdemeanor case is not required to describe the offense of which the accused was adjudged guilty. Stephens v. State, 161 Tex.Cr.R. 407, 277 S.W.2d 911; La Duke v. State, 166 Tex. Cr.R. 160, 312 S.W.2d 242.

¶7The sentence recites that the defendant had been adjudged guilty of shoplifting.

¶8The judgment is affirmed.

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