Opinion
No. 05-12-00284-CR
11-28-2012
ROLONDRIA D'ANN SHARP, Appellant v. THE STATE OF TEXAS, Appellee
No. 05-12-00284-CR
ROLONDRIA D'ANN SHARP, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F10-61570-Y
MEMORANDUM OPINION
Before Justices Bridges, O'Neill, and Murphy
Opinion by Justice O'Neill
Rolondria D'Ann Sharp waived a jury and pleaded not guilty to injury to an invalid. See TEX. PENAL CODE ANN. § 22.04(a) (West 2011). After finding appellant guilty, the trial court assessed punishment at two years' imprisonment, probated for two years. In a single issue, appellant contends the judgment should be modified to show there was no plea bargain agreement. The State agrees the judgment should be modified. 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 case is well settled.
The record shows appellant pleaded not guilty to the charge in die indictment. The judgment, however, states terms of a plea bargain were "2 Years TDC/probated for 2 Years." Thus, the judgment is incorrect. We sustain appellant's sole issue. We modify the judgment to show there were no terms of a plea bargain. 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.
_______________
MICHAEL J. O'NEILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
JUDGMENT
Appeal from the Criminal District Court
No. 7 of Dallas County, Texas (Tr.Ct.No.
F10-61570-Y).
Opinion delivered by Justice O'Neill,
Justices Bridges and Murphy participating.
Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:
The section entitled "Terms of Plea Bargain" is modified to show "None."
As modified, we AFFIRM the trial court's judgment.
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MICHAEL J. O'NEILL
JUSTICE