Opinion
No. 05-11-00658-CR
05-29-2012
WILLIAM GUY SIDES, Appellant v. THE STATE OF TEXAS, Appellee
AFFIRM as MODIFIED and Opinion Filed May 29, 2012
On Appeal from the Criminal District Court
Dallas County, Texas
Trial Court Cause No. F08-18714-H
MEMORANDUM OPINION
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice Murphy
William Guy Sides appeals from the adjudication of his guilt for aggravated sexual assault of a child younger than fourteen years. In a single point of error, appellant contends the written judgment should be modified to show the correct offense for which he was convicted. The State agrees the judgment should be modified. We modify the trial court's judgment and affirm as modified. The background of the case and the evidence admitted at trial are well known to the parties, and we therefore limit recitation of the facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4 because the law to be applied in the case is well settled.
Appellant was indicted for the offense of aggravated sexual assault of a child younger than six years of age. See Tex. Penal Code Ann. § 22.021(a) (West 2011). Appellant waived a jury and pleaded no contest to the charge in the indictment. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed a $3,000 fine. The State later moved to adjudicate guilt, alleging appellant violated a condition of his community supervision by being discharged from sex offender counseling. Appellant pleaded true to the allegation in a hearing on the motion. After hearing testimony from a licensed sex offender treatment provider and appellant that the victim was seven years of age at the time of the offense, the trial court found the allegation true and adjudicated appellant guilty of the lesser-included offense of aggravated sexual assault of a child younger than fourteen years. The trial court assessed punishment at twenty-five years' imprisonment. The judgment lists the child's age as being under six and is thus incorrect. We sustain appellant's sole point of error.
We modify the judgment to show the offense for which appellant was convicted is aggravated sexual assault of a child younger than fourteen years. 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 adjudicating guilt.
MARY MURPHY
JUSTICE
Do Not Publish
Tex. R. App. P. 47
110658F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
WILLIAM GUY SIDES, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-11-00658-CR
Appeal from the Criminal District Court of Dallas County, Texas. (Tr.Ct.No. F08-18714- H).
Opinion delivered by Justice Murphy, Justices FitzGerald and Fillmore participating.
Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is MODIFIED as follows:
The section entitled “Offense for which defendant convicted” is modified to show “Aggravated sexual assault/child under 14.”
As modified, we AFFIRM the trial court's judgment adjudicating guilt.
Judgment entered May 29, 2012.
MARY MURPHY
JUSTICE