Opinion
No. 05-04-01720-CR
Opinion Filed July 26, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 292nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F02-25588-IV. Affirm as Modified.
Before Justices O'NEILL, RICHTER, and FRANCIS.
OPINION
William Earl Garrett waived a jury trial and entered a non-negotiated guilty plea to criminal solicitation of a minor for sexual assault. See Tex. Pen. Code Ann. § 15.031 (Vernon 2003). The trial court deferred adjudicating guilt and placed appellant on ten years' community supervision. Later, the State moved to proceed with adjudication of guilt, alleging two violations of supervision. Appellant pleaded not true to the allegations. Following a hearing, the trial court found the allegations true, adjudicated appellant guilty, and sentenced him to ten years' confinement. In a single issue, appellant contends the trial court's judgment should be modified to reflect the correct offense for which he was convicted. The State agrees that the judgment should be modified. The indictment charged appellant with criminal solicitation of a minor to engage in conduct that would constitute sexual assault. Appellant pleaded guilty and judicially confessed to the offense as alleged in the indictment. The trial court's judgment adjudicating guilt states the offense as "solicit minor indecency with a child." Thus, the judgment is incorrect. We sustain appellant's sole issue on appeal. We have the power to modify incorrect judgments when we have the necessary information to do so. 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). Accordingly, we modify the trial court's judgment adjudicating guilt to show the offense as criminal solicitation of a minor for sexual assault. As modified, we affirm the trial court's judgment.
The trial judge referred to the charged offense as indecency with a child.