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Rule 43.2(b) Permits Adjudication-Plea Correction | Artz v. State (2026)

New Texas Court of Appeals Opinion - Analyzed for Family Law Attorneys

Artz v. State, 08-25-00124-CR, October 14, 2026.

On appeal from 25th Judicial District Court, Guadalupe County, Texas

Synopsis

Texas Rule of Appellate Procedure 43.2(b) permits an appellate court to correct a judgment that inaccurately records a party’s pleas when the appellate record supplies the information necessary to make the judgment speak the truth. Because the adjudication judgment incorrectly stated that Artz pleaded “true” to every alleged community-supervision violation, the court corrected the plea recitals and affirmed the judgment as modified.

Relevance to Family Law

Although Artz arose from a criminal adjudication proceeding, Rule 43.2(b) authorizes modification of trial-court judgments across Texas appellate practice. The same principle can apply when a divorce decree, SAPCR order, enforcement judgment, or property-division order inaccurately memorializes an announcement, stipulation, waiver, finding, or ruling that is established by the record.

For family-law litigators, the important distinction is between a clerical misstatement and a substantive judicial error. An appellate court may correct an inaccurate recital when the reporter’s record, written stipulation, docket materials, or other proper record evidence conclusively shows what occurred. Rule 43.2(b), however, is not a vehicle for supplying an omitted discretionary ruling, resolving an ambiguity, or changing the substance of the trial court’s decision. Counsel should therefore create a clear record at rendition and compare the signed order against that record immediately.

Case Summary

Fact Summary

Thomas Blake Artz pleaded guilty to a family-violence offense and was placed on deferred-adjudication community supervision for ten years. After the State later alleged seven violations of his supervision conditions, Artz entered different pleas to the allegations at the adjudication hearing.

Artz pleaded “not true” to allegations one and five. He pleaded “true” to allegations two, four, six, and seven. As to allegation three, he pleaded “true” only to the portion alleging marijuana use. After receiving evidence, the trial court found all seven allegations proven by a preponderance of the evidence, adjudicated Artz guilty, and sentenced him to six years’ confinement.

The written judgment did not accurately reflect those pleas. Instead, it stated that Artz pleaded “true” to all allegations in the State’s motion to adjudicate.

Appointed appellate counsel filed an Anders brief concluding that no arguable error affected the adjudication decision or sentence. Counsel nevertheless identified the incorrect plea recital as a clerical error and requested modification of the judgment. Artz independently advised the court that he had found no arguable issue concerning the adjudication or sentence.

Issues Decided

Rules Applied

Application

The reporter’s record established that the judgment’s blanket recital of “TRUE” was inaccurate. Artz had not pleaded true to every allegation. He expressly pleaded not true to allegations one and five, pleaded true to allegations two, four, six, and seven, and entered only a limited plea of true to the marijuana-use component of allegation three.

That discrepancy did not undermine the trial court’s adjudication decision. The trial court received evidence and independently found all seven alleged violations proven by a preponderance of the evidence. Thus, the error concerned the judgment’s memorialization of Artz’s pleas, not the sufficiency of the findings supporting adjudication or the exercise of sentencing discretion.

Because the appellate record conclusively disclosed the pleas actually entered, no new fact-finding was necessary. The court could identify the precise language needed to correct the judgment. It therefore deleted the general “TRUE” recital and substituted language reflecting the allegation-specific pleas shown in the record.

The court also examined counsel’s Anders brief and independently reviewed the record. It found no arguable ground for challenging either the adjudication of guilt or the six-year sentence. Accordingly, the clerical error justified modification but not reversal.

Holding

Texas Rule of Appellate Procedure 43.2(b) authorized the court of appeals to modify the judgment because the appellate record provided the information necessary to make the judgment accurately reflect Artz’s pleas.

The court modified the plea section to state that Artz pleaded “not true” to allegations one and five, “true” to allegations two, four, six, and seven, and “true” only to the marijuana-use portion of allegation three.

The inaccurate recital did not require reversal. After correcting the clerical error and completing its independent Anders review, the court affirmed the judgment as modified and granted appointed counsel’s motion to withdraw.

Practical Application

Family-law practitioners should treat Artz as a record-accuracy case rather than as authority for substantive appellate revision. Rule 43.2(b) is most useful when the signed order incorrectly transcribes a matter conclusively established elsewhere in the appellate record.

In a divorce trial, for example, a decree may incorrectly identify which party was awarded a particular account or may misstate the account number even though the oral rendition and admitted property spreadsheet are unequivocal. If the discrepancy is genuinely clerical and the correct disposition is conclusively established, modification and affirmance may be available. If the trial court never rendered a division of that asset, however, an appellate court generally cannot use Rule 43.2(b) to exercise the trial court’s discretion in the first instance.

In custody litigation, a final order might inaccurately recite that both parties agreed to a geographic restriction, drug-testing protocol, or possession provision. Counsel should compare that recital against the parties’ actual stipulations and the trial court’s rendition. An inaccurate recital of agreement can affect later modification or enforcement proceedings, particularly where a party argues that a provision was contractual or entered by consent.

In child-support and enforcement proceedings, precision concerning pleas, admissions, arrearage stipulations, and contempt findings is critical. A written order should not convert a limited admission into a blanket admission. Artz illustrates that each allegation and each response should be separately stated when the party admits only part of an allegation or contests some grounds while conceding others.

Property and fee judgments require similar attention. A decree that inaccurately describes an amount as agreed, stipulated, or undisputed may have consequences for appeal, enforcement, and collateral litigation. Appellate counsel should not overlook such an error merely because it does not produce reversible error. A corrected judgment may still matter substantially to the client.

Finally, counsel should not assume that every discrepancy is correctable on appeal. When the record is ambiguous, when multiple oral statements conflict, or when the requested correction would alter the trial court’s substantive decision, the issue may require a motion to modify, a request for clarification, a judgment nunc pro tunc if truly clerical, or reversal and remand if the error is judicial and properly preserved.

Checklists

Before the Final Order Is Signed

Creating a Record for Possible Appellate Modification

Reviewing a Divorce Decree or SAPCR Order

Addressing an Inaccurate Signed Order

Preparing the Appellate Brief

Citation

Artz v. State, No. 08-25-00124-CR, slip op. (Tex. App.—El Paso Oct. 14, 2026, no pet. h.) (mem. op., not designated for publication).

Full Opinion

Read the full opinion in Artz v. State.

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