Opinion
No. 05-06-00470-CR
Opinion Filed July 10, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 291st Judicial District Court, Dallas County, Texas, Trial Court Cause No. F00-53134-WU. Affirmed as Modified.
Before Justices FITZGERALD, FRANCIS, and LANG-MIERS.
OPINION
Paul Wayne Allen pleaded guilty to aggravated assault with a deadly weapon and true to two enhancement paragraphs. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed a $2500 fine. The State later moved to proceed with adjudication of guilt, alleging appellant violated his community supervision by committing two new offenses. Following a hearing, the trial court adjudicated appellant guilty and sentenced him to twenty-five years' imprisonment. In a single issue, appellant asks that we modify the trial court's judgment to show the correct date of the motion to adjudicate. The State agrees the judgment should be modified. We affirm the trial court's judgment as modified. The record shows the trial court held a hearing on the State's July 27, 2004 amended motion to proceed with adjudication of guilt. The judgment, however, reflects the adjudication was based on the June 10, 2004 motion. Therefore, the judgment is incorrect. See Taylor v. State, 131 S.W.3d 497, 502 (Tex.Crim.App. 2004). We sustain appellant's issue. We modify the trial court's judgment to show the terms and conditions violated and grounds for adjudication as set out in State's July 27, 2004 amended motion to adjudicate guilt. 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.