DARRYL JONES v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Moseley

Darryl K. Jones waived a jury and pleaded guilty to criminal nonsupport.   See Tex. Penal Code Ann. § 25.05(a) (West 2011).   Pursuant to plea agreement, the trial court deferred adjudicating guilt and placed appellant on five years' community supervision.   The trial court also extended the term of community supervision for an additional five years.   The State later filed a motion to adjudicate guilt, alleging appellant violated several terms of his community supervision.   Appellant pleaded true to the violations in a hearing on the motion.   The trial court adjudicated appellant guilty and assessed punishment at twenty months' confinement in a state jail facility.   In a single point of error, appellant contends the trial court's judgment should be modified to reflect the correct name of the attorney who represented 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 Jennifer Morse represented the State during the proceedings.   The trial court's judgment recites Anthony Eiland was 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 was Jennifer Morse.   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.

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

DARRYL K. JONES, Appellant

No. 05–11–00945–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the 194th Judicial District Court of Dallas County, Texas.  (Tr.Ct.No.F02–01978–M).

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

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

The section entitled “Attorney for State” is modified to show “Jennifer Morse.”

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

Judgment entered July 30, 2012.

/Jim Moseley/

JIM MOSELEY

JUSTICE

JIM MOSELEY JUSTICE