Opinion
No. 05-04-00250-CR
Opinion Filed August 16, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court No. 4, Dallas County, Texas, Trial Court Cause No. F03-39956-HK. Affirmed as Modified.
Before Chief Justice THOMAS and Justices O'NEILL and LANG-MIERS.
Memorandum Opinion
Isaiah Brown entered a non-negotiated guilty plea to aggravated sexual assault of a child. The trial court assessed punishment at twenty-five years confinement and a $2500 fine. Appellant asks that we modify the trial court's judgment to reflect that there was no plea bargain agreement. The State does not opposed the modification. We modify the trial court's judgment and affirm as modified. Appellant pleaded guilty to the offense without the benefit of a plea bargain agreement. However, the section of the judgment entitled "terms of plea bargain," incorrectly reflects an agreement of twenty-five years confinement and a $2500 fine. 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). We sustain appellant's point of error. We modify the section of the trial court's judgment entitled "terms of plea bargain" to state "open." As modified, we affirm the trial court's judgment.