McCarty v. State

Full title: ERNEST LEE McCARTY, Appellant v. STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Eleventh District, Eastland

Date published: Jul 28, 2005

No. 11-03-00366-CR (Tex. App. Jul. 28, 2005)

Opinion

No. 11-03-00366-CR

July 28, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

Appeal from Ector County.

Panel consists of: WRIGHT, J., and McCALL, J., and HILL, J.¹

1 John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth sitting by assignment.

OPINION

PER CURIAM.

Ernest Lee McCarty appeals a judgment showing his conviction by the trial court of the offense of aggravated sexual assault of a child. The trial court, upon revoking McCarty's deferred adjudication, assessed his punishment at 12 years in the Texas Department of Criminal Justice, Institutional Division, and a fine of $1,000. While the order adjudicating McCarty's guilt shows that he was convicted of the offense of aggravated sexual assault of a child on September 22, 2003, the reporter's record shows that the trial court, on September 24, 2003, announced its finding that McCarty was guilty of the offense of aggravated sexual assault of a child. In his sole issue, McCarty requests that this court modify the judgment to conform to the record. The State concurs in this request. As both McCarty and the State acknowledge, the trial court's oral pronouncement of sentence controls over the written judgment, and this court has the authority under TEX.R.APP.P. 43.2(b) to modify the judgment to correct errors. See Coffey v. State, 979 S.W.2d 326, 328 (Tex.Cr.App. 1998); Bigley v. State, 865 S.W.2d 26, 27 (Tex.Cr.App. 1993); Rule 43.2(b). Accordingly, we modify the judgment to reflect that McCarty was convicted on September 24, 2003, of the offense of aggravated sexual assault of a child. We affirm the judgment as modified.