Opinion
No. 05-08-00414-CR
Opinion Filed January 26, 2009. DO NOT PUBLISH Tex. R. App. P. 47
On Appeal from the 204th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F07-52277-LQ.
Before Justices MORRIS, FRANCIS, and MURPHY. Opinion By Justice MURPHY.
MEMORANDUM OPINION
A jury convicted James Walton Moore of aggravated robbery with a deadly weapon and assessed punishment at imprisonment for eight years and six months and a $5000 fine. In a single point of error, appellant contends the trial court's judgment should be modified to reflect the correct name of trial counsel. 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 judgment as modified. Appellant asserts the trial court's written judgment should be modified to reflect the correct name of his trial counsel at the proceedings. The State agrees the judgment should be modified to reflect the correct name of appellant's counsel at the proceedings. The record shows Dennis Jones represented appellant during the jury trial. The trial court's judgment recites Dennis Millican was representing appellant. Thus, the trial court's judgment is incorrect. We sustain appellant's sole issue on appeal. We modify the trial court's judgment to reflect the attorney for appellant was Dennis Jones. 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.