BERTIN ORTIZ CRUZ v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Lang

Bertin Ortiz Cruz waived a jury and pleaded guilty to driving while intoxicated-third offense.   See Tex. Penal Code Ann. §§ 49.04(a), 49.09(b)(2) (West 2011).   After finding appellant guilty, the trial court assessed punishment at seven years' imprisonment and a $1,000 fine.   In a single point of error, appellant contends the trial court's judgment should be modified to reflect the correct name of the attorney representing the State.   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.

The record shows that Andrew Novak represented the State during the proceedings.   The trial court's judgment recites Jennifer Bennett as the attorney for the State.   Thus, the written judgment is incorrect.   We sustain appellant's sole point of error.

We modify the trial court's judgment to show the attorney for the State is Andrew Novak.   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