Opinion
No. 05-17-00065-CR
10-31-2017
CEDRIC LAMON JACKSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court Dallas County, Texas
Trial Court Cause No. F15-24931-N
MEMORANDUM OPINION
Before Justices Lang-Miers, Brown, and Boatright
Opinion by Justice Brown
A jury convicted Cedric Lamon Jackson for injury to a child causing serious bodily injury with a deadly weapon, a knife. The trial court assessed punishment at life imprisonment. In a single issue, appellant contends the trial court's judgment should be modified to reflect the correct date of the offense. The State agrees that the judgment should be modified to show the correct offense date.
The record shows the indictment stated the date of the offense was November 16, 2015. However, the State filed a motion to amend the indictment to reflect the true date of the offense was October 17, 2015. The trial court granted the motion, and the jury charge reflected the October 17, 2015 offense date. Thus, we sustain appellant's sole issue.
We modify the section of the trial court's judgment entitled "date of offense" to show "October 17, 2015." TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993) (courts of appeals have authority to modify a judgment); Estrada v. State, 334 S.W.3d 57, 63-64 (Tex. App.—Dallas 2009, no pet.) (same).
As modified, we affirm the trial court's judgment.
/Ada Brown/
ADA BROWN
JUSTICE Do Not Publish
TEX. R. APP. P. 47 170065F.U05
JUDGMENT
On Appeal from the 195th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F15-24931-N.
Opinion delivered by Justice Brown. Justices Lang-Miers and Boatright participating.
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
The section entitled "Date of Offense" is modified to show "10/17/2015."
As modified, we AFFIRM the trial court's judgment. Judgment entered this 31st day of October, 2017.