Opinion
No. 05-08-00706-CR
Opinion issued March 30, 2009. DO NOT PUBLISH. Tex. R. App. P. 47
On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F03-27224-IR.
Before Justices FRANCIS, LANG-MIERS, and MAZZANT.
MEMORANDUM OPINION
Pedro Alvarez Saenz appeals his five-year prison sentence following adjudication of guilt for aggravated assault with a deadly weapon, a firearm. In two points of error, appellant contends the trial court's judgment should be modified to reflect the correct statute for the offense and the correct name of trial counsel. The background of the case and the evidence adduced at trial are well known to the parties, and therefore we limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.1 because the law to be applied in the case is well settled. We affirm the trial court's judgment as modified. Appellant asserts the trial court's written judgment should be modified to show the correct statute under which he was convicted and the correct name of his trial counsel at the proceedings. The State agrees with appellant's suggested modifications. The record shows appellant was convicted of an offense under section 22.02 of the penal code. See Tex. Penal Code Ann. § 22.02(a)(2) (Vernon Supp. 2008). However, the trial court's judgment recites the statute for the offense as "481.115 Penal Code." Thus the trial court's judgment is incorrect. We sustain appellant's first point of error. The record also shows Robert Herrington represented appellant during the proceedings. The trial court's judgment recites "Brian Oshea" represented appellant. Thus, the trial court's judgment is incorrect. We sustain appellant's second point of error. We modify the trial court's judgment to reflect the statute for the offense is "22.02 Penal Code" and the attorney for appellant was Robert Herrington. 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.