DAVID AGUSTIN LOERA v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice O'Neill

A jury convicted David Agustin Loera of felony driving while intoxicated and assessed punishment at eight years' imprisonment.   See Tex. Penal Code Ann. §§ 49.04(a), 49.09(b) (West 2011) In a single point of error, appellant contends the trial court's judgment should be modified to reflect the correct name of the State's attorney.   We modify the trial court's judgment and affirm as modified.   The background of the case and the evidence admitted at trial are well known to the parties, and we therefore 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.

Appellant contends the trial court's written judgment should be modified to reflect the correct name of the attorney representing the State during the trial proceedings.   The record shows the State was represented by Zeke Fortenberry.   The written judgment recites that Cynthia Walker appeared as the attorney for the State.   Thus, the written judgment is incorrect.   We sustain appellant's point of error.   We modify the trial court's judgment to show Zeke Fortenberry was the attorney for the State.   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.

MICHAEL J. O'NEILL JUSTICE