Summary
modifying a trial court's judgment to correct the appellant's name
Summary of this case from In re A.J.Z.Opinion
Nos. 05-08-00400-CR, 05-08-00401-CR
Opinion issued January 5, 2009. DO NOT PUBLISH. TEX. R. APP. P. 47
On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause Nos. F06-73686-SJ, F07-58970-XJ.
Before Justices BRIDGES, RICHTER, and MAZZANT. Opinion By Justice MAZZANT.
MEMORANDUM OPINION
Lola Falana Eldridge waived a jury and pleaded guilty to possession with intent to deliver cocaine in an amount of four grams or more, but less than 200 grams and possession of cocaine in an amount of less than one gram. The trial judge assessed punishment at six years' imprisonment for possession with intent to deliver cocaine and two years' confinement in a State jail facility for possession of less than one gram of cocaine. In a single issue, appellant contends the judgments should be modified to reflect the name of the prosecutor at the proceedings. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. We affirm the trial court's judgments as modified. Appellant asserts the trial court's written judgments should be modified to reflect the correct name of the prosecutor at the proceedings. The State agrees the judgments should be modified to reflect the names of the prosecutors at the proceedings. The record shows Danielle A. Uher represented the State during the plea hearing and Thomas A. Gatlin represented the State during the sentencing hearing. The trial court's judgments recite Dalerie M. Brooks was the prosecutor representing the State. Thus, the trial court's judgments are incorrect. We sustain appellant's sole issue on appeal. We modify the trial court's judgment in each case to reflect the attorney for the State was Danielle A. Uher and Thomas A. Gatlin. See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex.Crim.App. 1993); Asberry v. State, 813 S.W.2d 526, 529-30 (Tex.App.-Dallas 1991, pet. ref'd). We also note appellant testified her name is Lola Falana Eldridge. The written judgment in cause no. 05-08-00400-CR incorrectly recites appellant's name as Lola Falona Eldridge. We modify the judgment to show appellant's name is Lola Falana Eldridge. As modified, we affirm the trial court's judgment in each case.