Opinion
Nos. 05-07-00835-CR, 05-07-00836-CR, 05-07-00837-CR
Opinion Filed February 29, 2008. DO NOT PUBLISH Tex. R. App. P. 47.
On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F05-36150-KP, F06-38375-QP, F06-38376-NP.
Before Justices WRIGHT, O'NEILL, and FRANCIS.
OPINION
Margaret Owens Phillips waived a jury and pleaded guilty to tampering with a government record, unlawful possession with intent to deliver methamphetamine in an amount of four grams or more but less than 200 grams, and credit card abuse. In the tampering and credit card abuse cases, the trial court assessed punishment, enhanced by prior felony convictions, at five years in prison and a $1500 fine. In the drug case, the trial court assessed punishment, enhanced by prior felony convictions, at twenty-five years in prison. In three issues, appellant contends the trial court's judgment should be modified. We affirm the trial court's judgments as modified. Appellant asks this court to modify the trial court's judgment in each case to show she pleaded true to two enhancement paragraphs and the trial court found the paragraphs true. Appellant also asks that the the trial court's judgment in the credit card abuse case be further modified to show (1) the correct statute under which she was convicted, and (2) the trial court orally pronounced a $1500 fine. The State concedes that the trial court's judgment in each case should be modified to correctly reflect the proceedings. The record shows that after appellant entered her guilty plea in each case, she entered pleas of true to two enhancement paragraphs that were contained in each indictment. The trial court passed the cases for a presentence investigation report. During the sentencing hearing, the trial court found both enhancement paragraphs true in each case, then imposed the sentences, including $1500 fines in the tampering and credit card abuse cases. The trial court's judgment in each case recites that no plea was entered on the first enhancement paragraph and no finding made by the court on that paragraph. Thus, the trial court's judgments are incorrect. Moreover, the judgment in the credit card abuse case lists the statute appellant was convicted under as "32.51 Penal Code." Section 32.51 pertains to the fraudulent use or possession of identifying information. See Tex. Pen. Code Ann. § 32.51 (Vernon Supp. 2007). The correct statute is Section 32.31. See Tex. Pen. Code Ann. § 32.31. The judgment in the credit card abuse case also omits the $1500 fine that was orally pronounced at sentencing. We sustain appellant's arguments. In cause nos. 05-07-00835-CR and 05-07-00836-CR, we modify the trial court's judgments to show appellant pleaded true to the first enhancement paragraph and the trial court found the first enhancement paragraph true. 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). In cause no. 05-07-00837-CR, we modify the trial court's judgment to show (1) the statute for the offense is "32.31 Penal Code," (2) appellant pleaded true to the first enhancement paragraph and the trial court found the first enhancement paragraph true, and (3) the fine is $1500. See id. In each case, we affirm the trial court's judgment as modified.