Ball v. State

Full title: CHARLES EDWARD BALL, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 29, 2004

Nos. 05-03-01461-CR, 05-03-01462-CR, 05-03-01463-CR (Tex. App. Mar. 29, 2004)

Opinion

Nos. 05-03-01461-CR, 05-03-01462-CR, 05-03-01463-CR.

Opinion Filed March 29, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause Nos. F02-35062-J, F02-35063-J, F02-35567-J. Affirmed as Modified.

Before Justices MORRIS, FITZGERALD, and FRANCIS.

MEMORANDUM OPINION

Opinion By Justice FRANCIS.

Charles Edward Ball, Jr. entered non-negotiated guilty pleas to two aggravated robberies and one aggravated kidnaping. The trial court assessed punishment at fourteen years confinement and a $1000 fine in each case. In one issue, appellant asks that we modify the trial court's judgments to reflect that there were no plea bargain agreements. The State does not object to the modification of the judgments. The records reflect that appellant pleaded guilty to the three offenses without the benefit of plea bargain agreements. However, the sections of the judgments entitled "terms of plea bargain," reflect an agreement of fourteen years in the penitentiary and a $1000 fine and are incorrect. We sustain appellant's sole issue. Although not mentioned by either appellant or the State, we also note that the judgment in cause no. 05-03-01461-CR incorrectly states appellant was convicted of aggravated assault with a deadly weapon. Because the record reflects appellant was convicted of aggravated robbery, the judgment must be modified to correctly reflect the offense for which appellant was convicted. We have the authority to modify the trial court's judgment when we have the necessary information before us to do so. 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). In cause no. 05-03-01461-CR, we modify the section of the trial court's judgment entitled "offense convicted of" to show "aggravated robbery with a deadly weapon." In all three cases, we modify the section of the trial court's judgment entitled "terms of plea bargain" to show "open." As modified, we affirm the trial court's judgments.