Opinion
No. 05-07-00871-CR
Opinion filed June 24, 2008. DO NOT PUBLISH TEX. R. APP. P. 47.
On Appeal from the 382nd Judicial District Court, Rockwall County, Texas, Trial Court Cause No. 2-06-347.
Before Chief Justice THOMAS and Justices WRIGHT and FRANCIS. Opinion By Chief Justice THOMAS.
MEMORANDUM OPINION
A jury convicted Mark Anthony Manriquez of felony driving while intoxicated (DWI) and assessed punishment at six years' imprisonment and a $3000 fine. In three issues, appellant contends the evidence is legally and factually insufficient and the judgment is void because the judgment reflects the offense occurred on an impossible date. We affirm the trial court's judgment as modified. Appellant argues the trial court's judgment is void because it reflects the offense occurred on June 3, 3006, an impossible date, and there is no evidence the offense occurred on that date. The State responds the incorrect date on the judgment does not render it void or the evidence insufficient. We agree with the State. Appellant was indicted for DWI that occurred on June 3, 2006, the evidence presented showed the offense occurred on that date, and the jury was charged that the offense occurred on June 3, 2006. The trial court's judgment incorrectly states the date of the offense as "June 3, 3006." Clerical errors in judgments are subject to being corrected. See English v. State, 592 S.W.2d 949, 955-56 (Tex.Crim.App. 1980); Smith v. State, 801 S.W.2d 629, 633 (Tex.App.-Dallas 1991, no pet.). Accordingly, we modify the trial court's judgment to show the date of the offense was June 3, 2006. 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). As modified, we affirm the trial court's judgment.