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Tucker v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 30, 2014
No. 05-13-01430-CR (Tex. App. Apr. 30, 2014)

Opinion

No. 05-13-01430-CR

04-30-2014

GEORGE DESHANNON TUCKER, Appellant v. THE STATE OF TEXAS, Appellee


AFFIRM as Modified; Opinion Filed April 30, 2014.

On Appeal from the 283rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F12-56621-T


MEMORANDUM OPINION


Before Justices Lang, Myers, and Brown

Opinion by Justice Lang

A jury convicted George Deshannon Tucker of aggravated robbery with a deadly weapon. The trial court assessed punishment, enhanced by two enhancement paragraphs, at fifty years' imprisonment. In two issues, appellant contends the trial court's judgment should be modified to show the correct name for the State's attorney and to show the correct offense for which appellant was convicted. We modify the trial court's judgment and affirm as modified.

The record shows the State was represented at trial by Kelly Benavides and Chris Pryor. The jury convicted appellant of the offense of aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2011). The judgment, however, recites the State was represented by Rachel Burris, and that the offense for which appellant was convicted was "aggravated robbery deadly weapon/habitation." Thus, the judgment is incorrect. We decide appellant's two issues in his favor.

We modify the judgment to show the attorneys who represented the State were Kelly Benavides and Chris Pryor. We further modify the judgment to show appellant was convicted for aggravated robbery with a deadly weapon. 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.

__________

DOUGLAS S. LANG

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131430F.U05

JUDGMENT

GEORGE DESHANNON TUCKER, Appellant

V. THE STATE OF TEXAS, Appellee No. 05-13-01430-CR

Appeal from the 283rd Judicial District

Court of Dallas County, Texas (Tr.Ct.No.

F12-56621-T).

Opinion delivered by Justice Lang, Justices

Myers and Brown participating.

Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:

The section entitled "Attorney for State" is modified to show "Kelly Benavides and Chris Pryor."

The section entitled "Offense for which Defendant Convicted" is modified to show "Aggravated Robbery Deadly Weapon."

As modified, we AFFIRM the trial court's judgment.

__________

DOUGLAS S. LANG

JUSTICE


Summaries of

Tucker v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 30, 2014
No. 05-13-01430-CR (Tex. App. Apr. 30, 2014)
Case details for

Tucker v. State

Case Details

Full title:GEORGE DESHANNON TUCKER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 30, 2014

Citations

No. 05-13-01430-CR (Tex. App. Apr. 30, 2014)