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Romo v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 20, 2014
No. 10-14-00036-CR (Tex. App. Nov. 20, 2014)

Opinion

No. 10-14-00036-CR

11-20-2014

JUSTIN RAY ROMO, Appellant v. THE STATE OF TEXAS, Appellee


From the 19th District Court McLennan County, Texas
Trial Court No. 2012-1121-C1

MEMORANDUM OPINION

Appellant Justin Ray Romo pleaded guilty to the offense of evading arrest or detention using a vehicle and pleaded true to an enhancement allegation. A jury thereafter assessed his punishment at four years' imprisonment. In his sole issue, Romo contends that the judgment incorrectly recites that he was convicted of a second-degree felony. The State concedes the error.

The offense of evading arrest or detention using a vehicle is a third-degree felony. See TEX. PENAL CODE ANN. § 38.04(b)(2)(A) (West Supp. 2014). The enhancement allegation does not change this. It merely enhances the punishment range of the offense to that of a second-degree felony without changing the felony degree of the offense itself. See id. § 12.42(a), (f) (West Supp. 2014); Martin v. State, 405 S.W.3d 944, 949-50 (Tex. App.—Texarkana 2013, no pet.).

Accordingly, we sustain Romo's sole issue and modify the judgment to reflect conviction of a third-degree felony. We affirm the judgment as modified.

REX D. DAVIS

Justice
Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Affirmed as modified
Opinion delivered and filed November 20, 2014
Do not publish
[CR25]


Summaries of

Romo v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Nov 20, 2014
No. 10-14-00036-CR (Tex. App. Nov. 20, 2014)
Case details for

Romo v. State

Case Details

Full title:JUSTIN RAY ROMO, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Nov 20, 2014

Citations

No. 10-14-00036-CR (Tex. App. Nov. 20, 2014)