Opinion
No. 05-04-01131-CR
Opinion Issued April 4, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause No. F03-46007-H.
Affirmed as modified.
Before Justices WHITTINGTON, FITZGERALD, and RICHTER.
OPINION
Jerry Harris, Jr. waived a jury trial and entered a negotiated guilty plea to possession of cocaine in an amount less than one gram. See Tex. Health Safety Code Ann. § 481.115(a), (b) (Vernon 2003). Pursuant to the plea bargain agreement, the trial judge sentenced appellant to two years in a state jail facility, probated for five years, and assessed a $500 fine. The State later moved to revoke appellant's probation, alleging twelve violations. Appellant pleaded not true to the allegations in a hearing on the motion. The judge found the allegations true, revoked appellant's probation, and assessed punishment at two years' confinement in a state jail facility and a $500 fine. In a single issue, appellant contends the trial court's judgment should be modified to reflect that revocation was based upon the June 7, 2004 motion to revoke. The State agrees the judgment should be modified. The State filed its third and final motion to revoke probation on June 7, 2004. The trial court's judgment recites that the revocation was based upon the "June 8, 2004 motion to revoke supervision." Thus, the judgment is incorrect. We sustain appellant's sole issue. We have the power to modify incorrect judgments when we have the necessary information 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 modify the trial court's judgment to show revocation was based upon the June 7, 2004 amended motion to revoke supervision.
As modified, we affirm the trial court's judgment.