RANDY ERIC WORSHAM v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Fillmore

Randy Eric Worsham appeals from the adjudication of guilt for aggravated robbery with a deadly weapon.   In a single point of error, Worsham contends the trial court's judgment adjudicating guilt should be modified.   We affirm the judgment adjudicating guilt as modified.   The background of the case and the evidence adduced at trial are well known to the parties, and therefore we 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.

Worsham waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm.   See Tex. Penal Code Ann. § 29.03 (West 2003).   Worsham also pleaded guilty to two enhancement paragraphs alleging prior felony convictions.   The trial court deferred adjudicating Worsham's guilt and placed him on ten years' community supervision.   The State later moved to adjudicate guilt, alleging Worsham violated seven conditions of his community supervision.   Worsham pleaded true to all the allegations in a hearing on the motion.   The trial court found the allegations true, adjudicated Worsham guilty, and assessed punishment at forty years' imprisonment.

Worsham contends the judgment adjudicating guilt should be modified to reflect the correct name of the State's attorney at the revocation proceedings.   The State agrees that the judgment adjudicating guilt should be modified as Worsham proposes.

The record shows that Lauren Hudgeons represented the State during the hearing on the motion to adjudicate.   The trial court's judgment adjudicating guilt recites Lindy Anagnostis as the attorney for the State.   Thus, the written judgment is incorrect.   We sustain Worsham's sole point of error.

We modify the trial court's judgment adjudicating guilt to show the attorney for the State is Lauren Hudgeons.   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.

ROBERT M. FILLMORE JUSTICE