Opinion
No. 05-14-00420-CR
07-29-2014
DANNY RAY TEMPLETON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. F12-70535-I
MEMORANDUM OPINION
Before Justices Fillmore, Evans, and Lewis
Opinion by Justice Lewis
Danny Ray Templeton appeals from the adjudication of his guilt for aggravated assault. In a single issue, appellant contends the trial court's judgment should be modified to reflect the correct statute for the charged offense. The State agrees that the judgment should be modified as appellant requests. We modify the trial court's judgment and affirm as modified.
The trial court's judgment adjudicating guilt incorrectly identifies the statute for the offense as "481.115 Health and Safety Code." Appellant was convicted of aggravated assault with a deadly weapon under section 22.02 of the Texas Penal Code. See TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). Thus, the judgment is incorrect. We sustain appellant's sole issue.
We further note the judgment incorrectly states that the degree of the offense is a state jail felony. Aggravated assault with a deadly weapon is a second-degree felony offense. Id. § 22.02(b). We modify the judgment adjudicating guilt to show the statute for the offense is "22.02(a) Penal Code" and the degree of the offense is "second-degree felony." 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.
/David Lewis/
DAVID LEWIS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140420F.U05
JUDGMENT
Appeal from the Criminal District Court No. 2 of Dallas County, Texas (Tr.Ct.No. F12-70535-I).
Opinion delivered by Justice Lewis, Justices Fillmore and Evans participating.
Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is MODIFIED as follows:
The section titled "Statute for Offense" is modified to show "22.02(a) Penal Code."
The section titled "Degree" is modified to show "Second Degree Felony."
As modified, we AFFIRM the judgment adjudicating guilt.
Judgment entered July 29, 2014.