Narrative Opinion Summary
The Court of Appeals for the Sixth Appellate District of Texas delivered a judgment in the case of David Turney, the appellant, against the State of Texas, the appellee, originating from the 202nd District Court of Bowie County. The court identified a partial error in the lower court's judgment, specifically relating to an incorrect statutory reference. The court modified the judgment by replacing the erroneous reference with Texas Penal Code Section 21.02. Following this modification, the trial court's judgment was affirmed. Additionally, the court acknowledged Turney's demonstrated inability to pay the costs of the appeal, resulting in a waiver of those costs. The judgment was rendered on October 11, 2019, by Chief Justice Josh R. Morriss, III, with the clerk of the court being Debra K. Autrey.
Legal Issues Addressed
Affirmation of Lower Court's Judgment Post-Correctionsubscribe to see similar legal issues
Application: After correcting the statutory reference, the appellate court affirmed the trial court's judgment.
Reasoning: Following this modification, the trial court's judgment was affirmed.
Correction of Judgment for Incorrect Statutory Referencesubscribe to see similar legal issues
Application: The appellate court identified and corrected an error in the lower court's judgment regarding a statutory reference.
Reasoning: The court identified a partial error in the lower court's judgment, specifically relating to an incorrect statutory reference.
Modification of Judgment to Reflect Proper Statutory Referencesubscribe to see similar legal issues
Application: The appellate court modified the judgment by replacing the incorrect statutory reference with the correct one under Texas Penal Code Section 21.02.
Reasoning: The court modified the judgment by replacing the erroneous reference with Texas Penal Code Section 21.02.
Waiver of Appeal Costs Due to Appellant's Inability to Paysubscribe to see similar legal issues
Application: The appellate court waived the costs of the appeal due to Turney's demonstrated inability to pay.
Reasoning: Additionally, the court acknowledged Turney's demonstrated inability to pay the costs of the appeal, resulting in a waiver of those costs.