Opinion
No. 05-13-00388-CR
05-15-2014
CARL RAY WOOD, Appellant v. THE STATE OF TEXAS, Appellee
MODIFY and AFFIRM; and Opinion Filed May 15, 2014.
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F12-54553-Y
MEMORANDUM OPINION
Before Justices Fillmore, Evans, and Lewis
Opinion by Justice Lewis
Carl Ray Wood appeals following his conviction for burglary of a vehicle. In a single issue, appellant contends the judgment should be modified to reflect he was convicted of a state jail felony. The State agrees the judgment should be modified as appellant asks. We modify the trial court's judgment and affirm as modified.
Appellant waived a jury and pleaded guilty to the state-jail felony offense of burglary of a vehicle with two prior convictions for burglary of a vehicle. See TEX. PENAL CODE ANN. § 30.04(a), (d)(2)(A) (West 2011). Appellant also pleaded true to two enhancement paragraphs that alleged prior non-state-jail felony convictions for aggravated assault with a deadly weapon and retaliation. The two enhancement paragraphs elevated the punishment range to that of a second degree-felony. See TEX. PEN. CODE ANN. § 12.425(b) (West Supp. 2013). After finding appellant guilty and the enhancement paragraphs true, the trial court assessed punishment at fourteen years' imprisonment.
The judgment states the degree of appellant's offense was a second-degree felony. However, although appellant's punishment was in the second-degree felony range due to the enhancement paragraphs, the offense for which he was convicted was a state-jail felony. Thus, the judgment is incorrect. We sustain appellant's issue. We modify the judgment to show the degree of the offense is state jail 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.
__________
DAVID LEWIS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130388F.U05
JUDGMENT
CARL RAY WOOD, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-00388-CR
Appeal from the Criminal District Court
No. 7 of Dallas County, Texas (Tr.Ct.No.
F12-54553-Y).
Opinion delivered by Justice Lewis,
Justices Fillmore and Evans participating.
Based on the Court's opinion of this date, the trial court's judgment is MODIFIED as follows:
The section entitled "Degree of Offense" is modified to show "State Jail Felony."
As modified, we AFFIRM the trial court's judgment.
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DAVID LEWIS
JUSTICE