CHRISTOPHER RANDELL NED v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Myers

Christopher Randell Ned waived a jury and pleaded guilty to aggravated assault.   After finding appellant guilty, the trial court assessed punishment at five years' imprisonment.   In a single point of error, appellant contends the trial court abused its discretion by entering an affirmative finding of a deadly weapon in the written judgment.   We affirm.   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 erred in including a deadly weapon finding in the judgment because there was no evidence about the size, shape, or sharpness of the knives, and no evidence the complainant suffered any injuries from the knives.   The State responds that the trial court did not abuse its discretion in making an affirmative deadly weapon finding.

When a defendant pleads guilty or nolo contendere, the State must introduce sufficient evidence into the record to support the plea and show the defendant is guilty, and said evidence shall be accepted by the court as the basis for its judgment.   See Tex.Code Crim. Proc. Ann. art. 1.15 (West 2005);  see also Ex parte Martin, 747 S.W.2d 789, 792–93 (Tex.Crim.App.1988).   We will affirm the trial court's judgment if the evidence introduced embraces every essential element of the offense charged and is sufficient to establish a defendant's guilt.   See Stone v. State, 919 S.W.2d 424, 427 (Tex.Crim.App.1996).

The indictment alleged appellant intentionally, knowingly, or recklessly caused bodily injury to the complainant, a member of appellant's household, by striking her with a hand and by grabbing her and squeezing her neck with hands.   See Tex. Penal Code Ann. § 22.02(a)(2) (West 2011).   The indictment also alleged appellant used or exhibited a deadly weapon, a knife, during the commission of the assault.   A deadly weapon means a firearm or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.  Tex. Penal Code § 1.07(a)(17) (West 2011).   Appellant's signed judicial confession that he committed the offense as alleged in the indictment was admitted into evidence.   See Pitts v. State, 916 S.W.2d 507, 510 (Tex.Crim.App.1996) (it is well settled that a judicial confession, standing alone, is sufficient to sustain a conviction upon a guilty plea).

We conclude the trial court did not abuse its discretion in entering an affirmative deadly weapon finding in the written judgment.   We overrule appellant's sole point of error.

We note there is an error in the trial court's written judgment.   The record shows the trial court made an affirmative deadly weapon finding in this case.   The written judgment, however, recites “N/A” for findings on deadly weapon.   Thus, the written judgment is incorrect.   This Court has the authority to correct a trial court's judgment when it has the necessary data and information to do so.   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).   We modify the written judgment to show an affirmative deadly weapon finding.

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

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

CHRISTOPHER RANDELL NED, Appellant

No. 05–11–01289–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the 283rd Judicial District Court of Dallas County, Texas.  (Tr.Ct.No.F11–39685–T).

Opinion delivered by Justice Myers, Justices Morris and Fillmore participating.

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

The section entitled “Findings on Deadly Weapon” is modified to show “Yes, a Knife.”

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

Judgment entered March 28, 2012.

/Lana Myers/

LANA MYERS

JUSTICE

LANA MYERS JUSTICE