Tucker v. State

Summary

The Texas Court of Criminal Appeals reversed the Third Court of Appeals and remanded the case to the trial court to modify the judgment to include Texas Penal Code sections 22.021(a)(2)(B) and (f)(1) in the statute-for-offense field. The court relied on the parties’ agreement and did not decide whether subsection (f)(1), concerning victims under six years old, was required to appear in that specific judgment field. Judge Newell concurred, while Judge Yeary dissented from both the decision to avoid the legal issue and the remand to the trial court.

Holdings

1. In light of Tucker's concession, the State was entitled to relief, and the judgment of the court of appeals was reversed. The cause was remanded to the trial court to modify the Count I judgment to state "PC 22.021(a)(2)(B), (f)(1)" in the statute-for-offense field.
2. The court did not decide that issue because Tucker conceded that the judgment should be corrected.

Questions Presented

1. Whether the judgment should be modified to include Texas Penal Code section 22.021(f)(1) in the statute-for-offense field.
2. Whether the court should decide, notwithstanding the parties' agreement, whether section 22.021(f)(1) is legally required to appear in that field.

Disposition

reversed_and_remanded