Opinion
No. 05-05-00068-CR
Opinion issued October 19, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause No. F02-53139-KH. Affirmed.
Before Justices MOSELEY, BRIDGES, and O'NEILL.
OPINION
Enrique Cardona waived a jury trial and entered a negotiated guilty plea to aggravated assault. See Tex. Pen. Code Ann. § 22.02 (Vernon 2004-05). Pursuant to the plea agreement, the trial court deferred adjudicating guilt, placed appellant on four years' community supervision, and assessed a $1000 fine. The trial court also made an affirmative finding that appellant used or exhibited a deadly weapon, a hand, during commission of the offense, and made an affirmative family violence finding. Four months later, the State moved to proceed with adjudication of guilt, alleging appellant committed a new offense. Appellant pleaded not true to the allegation. The trial court found the allegation true, adjudicated appellant guilty, and sentenced him to twenty years' imprisonment. In a single issue, appellant contends the trial court's judgment should be modified to delete the deadly weapon finding. We affirm. Appellant argues the trial court's judgment improperly includes a deadly weapon finding that was not orally pronounced at sentencing after adjudication of guilt. Appellant asks this court to modify the judgment to delete the deadly weapon finding. The State responds that the written judgment properly includes a deadly weapon finding. We agree with the State. A deadly weapon finding is not part of a sentence. See State v. Ross, 953 S.W.2d 748, 752 (Tex.Crim.App. 1997). Thus, while the better practice is to pronounce the deadly weapon finding, such a pronouncement is not required to include the finding in the judgment. See id. We resolve appellant's sole issue against him. We affirm the trial court's judgment.