Opinion
No. 05-11-00810-CR
04-27-2012
DON HARDGE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 5
Dallas County, Texas
Trial Court Cause No. F10-01035-L
MEMORANDUM OPINION
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice FitzGerald
Don Hardge waived a jury and pleaded guilty to engaging in organized criminal activity. See Tex. Penal Code Ann. § 71.02(a) (West 2011). The trial court assessed punishment at sixteen years' imprisonment. In a single issue, appellant contends the written judgment should be modified to reflect his correct name. We modify the trial court's judgment and affirm as modified. The background of the case and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the cases is well settled.
Appellant was indicted under the name Dunn Hardge. At the plea hearing, the trial court granted appellant's motion requesting that an official name change be entered and ordered that the indictment and all other papers be amended to show the true name of appellant as Don Hardge. The trial court's written judgment, however, recites appellant's name as “Dan Hardge AKA: Dunn Hardge.” Thus, the judgment is incorrect. We sustain appellant's sole issue. We modify the judgment to show appellant's true name is Don Hardge. 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).
As modified, we affirm the trial court's judgment.
KERRY P. FITZGERALD
JUSTICE
Do Not Publish
Tex. R. App. P. 47
Court of Appeals Fifth District of Texas at Dallas
JUDGMENT
DON HARDGE, Appellant
No. 05-11-00810-CR
V.
THE STATE OF TEXAS, Appellee
Appeal from the Criminal District Court No. 5 of Dallas County, Texas. (Tr.Ct.No. F10- 01035-L).
Opinion delivered by Justice FitzGerald, Justices Murphy and Fillmore participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED to show appellant's true name is Don Hardge.
As modified, we AFFIRM the trial court's judgment.
Judgment entered April 27, 2012.
KERRY P. FITZGERALD
JUSTICE