Opinion
No. 05-09-00983-CR
Opinion issued May 4, 2010. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause No. F01-22613-TH.
Before Chief Justice WRIGHT and Justices FRANCIS and FILLMORE.
OPINION
Lisa Kay Roberts appeals following the revocation of her community supervision. In a single issue, appellant contends the trial court's judgment should be modified to reflect the correct statute under which appellant was convicted. We affirm the trial court's judgment as modified. Appellant waived a jury and pleaded guilty to possession with intent to deliver cocaine in an amount of 200 grams or more, but less than 400 grams. The trial court assessed punishment at ten years' imprisonment, probated for ten years. The State later moved to revoke appellant's community supervision, alleging she committed a new offense, fraudulent use or possession of identifying information. Appellant pleaded true to the allegation in a hearing on the motion. The trial court found the allegation true, revoked appellant's community supervision, and assessed punishment at ten years' imprisonment. In her sole issue on appeal, appellant contends the trial court's judgment should be modified to show the correct statute under which she was convicted. The State agrees that the written judgment should be modified to reflect the correct statute for the offense. Appellant was convicted under statute 481.112 for possession with intent to deliver cocaine in an amount of 200 grams or more, but less than 400 grams. See Tex. Health Safety Code Ann. § 481.112(a), (e) (Vernon Supp. 2009). The trial court's written judgment recites the statute for the offense as "481.115 Health and Safety Code." Thus, the written judgment is incorrect. We sustain appellant's issue. We modify the trial court's judgment to show the statute for the offense is 481.112(a), (e). 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.