Martin Tovar Zapata v. The State of Texas

Summary

The Texas Court of Appeals, Third District, modified the judgment adjudicating guilt to correct the appellant’s surname from “Tavarzapata” to “Tovar Zapata.” The court then granted the appellant’s signed motion to dismiss the appeal and dismissed the appeal.

Holdings

1. An appellate court may correct or reform a judgment when the necessary information is available, and the court therefore modified the judgment to state appellant's name as "Martin Tovar Zapata."
2. The court granted and dismissed the appeal because appellant's motion to dismiss was signed by both appellant and his attorney.

Questions Presented

1. Whether the court of appeals could modify the judgment adjudicating guilt to correct appellant's surname when the necessary information was available in the record.
2. Whether the court should dismiss the appeal upon a motion signed by both appellant and his attorney.

Disposition

dismissed