Katherine Elizabeth Jones v. the State of Texas

Summary

The Texas Tenth Court of Appeals affirmed as modified Katherine Elizabeth Jones’s convictions following her guilty pleas to possession of tetrahydrocannabinol with intent to deliver and possession of marijuana. The court held that Jones’s judicial confession satisfied Texas Code of Criminal Procedure article 1.15 and modified the judgment to correct the statutory citation for Count 1.

Holdings

1. A judicial confession that covers all elements of the charged felony offense is sufficient under Texas Code of Criminal Procedure article 1.15 to support a conviction based on a guilty plea, and Jones's confession covered all elements of Count 1.
2. The appellate court may modify a judgment to make it speak the truth when the record contains the necessary information, and the Count 1 judgment should be modified to reflect conviction under Texas Health and Safety Code section 481.113(a) and (d).

Questions Presented

1. Whether Jones's judicial confession was sufficient under Texas Code of Criminal Procedure article 1.15 to support her guilty-plea conviction for possession of tetrahydrocannabinol with intent to deliver.
2. Whether the appellate court should modify the Count 1 judgment to identify the correct statutory provision of conviction.

Disposition

affirmed