Opinion
No. 05-06-00629-CR.
Opinion Filed February 15, 2007. Do Not Publish.
On Appeal from the 282nd Judicial District Court, Dallas County, Texas Trial Court Cause No. F98-31577-WS.
Before Chief Justice THOMAS and Justices FITZGERALD and FRANCIS.
OPINION
German Saul Batres waived a jury and pleaded guilty to indecency with a child younger than seventeen years. See Tex. Pen. Code Ann. § 21.11(a) (Vernon 2003). The trial court deferred adjudicating appellant's guilt, placed him on ten years' community supervision, and assessed a $500 fine. The State later moved to adjudicate guilt, alleging appellant committed new offenses and other violations of the terms of his community supervision. After a hearing, the trial court adjudicated appellant guilty and assessed punishment at fifteen years' imprisonment. In a single point of error, appellant contends the deferred adjudication order should be modified to reflect the correct offense date. We affirm the trial court's judgment. Appellant asserts the deferred adjudication order erroneously recites the offense date as October 1, 1997, and he asks us to modify the order to show the offense date was April 11, 1998. The State responds that the order deferring appellant's adjudication is no longer in effect to be modified. The trial court's judgment adjudicating guilt expressly sets aside the underlying deferred adjudication order and declares it to be "of no further force and effect." Once the trial court adjudicated appellant's guilt, the deferred adjudication order was no longer in effect. See Taylor v. State, 131 S.W.3d 497, 502 (Tex.Crim.App. 2004); McCoy v. State, 81 S.W.3d 917, 919 (Tex.App.-Dallas 2002, pet. ref'd). Therefore, there is no longer an order in effect requiring modification. We overrule appellant's point of error. We affirm the trial court's judgment.