Opinion
No. 05-06-00320-CR
Opinion issued August 14, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause No. F04-72173-HR. Affirmed as modified.
Before Justices MORRIS, O'NEILL, and MAZZANT.
OPINION
Lashonda Renae Thomas a/k/a Lashonda Evette Thomas pleaded nolo contendere to aggravated assault with a deadly weapon. Pursuant to a plea agreement, the trial court deferred adjudicating guilt and placed appellant on three years' community supervision. The State later moved to adjudicate guilt alleging appellant violated the terms of her community supervision. At a hearing, the trial court found the allegations true, adjudicated appellant guilty, and sentenced her to fifteen years' imprisonment. In two points of error, appellant asks that we modify the deferred adjudication order to reflect appellant's nolo contendere plea and modify the trial court's judgment to reflect her correct name. We affirm the trial court's judgment adjudicating guilt as modified. In her second issue, appellant asserts the deferred adjudication order erroneously recites she entered a guilty plea instead of a nolo contendere plea. Appellant asks us to modify the order to reflect that she pleaded nolo contendere to the charges in the indictment. Once the trial court adjudicated appellant's guilt, the deferred adjudication order was no longer in effect. Therefore, there is no longer an order in effect requiring modification. We overrule appellant's point of error. In her first issue, appellant asks us to modify the judgment adjudicating guilt to show the name of Lashonda Renae Thomas. Appellant was indicted under the name Lashonda Renae Thomas. The indictment alleged an enhancement paragraph in the name Lashonda Evette Thomas. At the plea hearing, appellant testified her name was Lashonda Thomas, without reference to a middle name. She pleaded true to the enhancement paragraph alleged in the indictment. When asked if her name was Lashonda Renae Thomas, appellant said her name was Lashonda Evette Thomas. The judgment adjudicating guilt recites her name as Lashonda Evette Thomas. Appellant now asks us to modify the trial court's judgment adjudicating guilt to show her name as Lashonda Renae Thomas, the same name on the indictment. Because the record reflects appellant has used both names, we sustain the point of error in part. We modify the judgment adjudicating guilt to show appellant's name as Lashonda Renae Thomas a/k/a Lashonda Evette Thomas. 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.