Carl Ray Wood v. State

Opinion

MODIFY and AFFIRM; and Opinion Filed May 15, 2014.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00388-CR

CARL RAY WOOD, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F12-54553-Y

MEMORANDUM OPINION Before Justices Fillmore, Evans, and Lewis Opinion by Justice Lewis

Carl Ray Wood appeals following his conviction for burglary of a vehicle. In a single

issue, appellant contends the judgment should be modified to reflect he was convicted of a state

jail felony. The State agrees the judgment should be modified as appellant asks. We modify the

trial court’s judgment and affirm as modified.

Appellant waived a jury and pleaded guilty to the state-jail felony offense of burglary of a

vehicle with two prior convictions for burglary of a vehicle. See TEX. PENAL CODE ANN.

§ 30.04(a), (d)(2)(A) (West 2011). Appellant also pleaded true to two enhancement paragraphs

that alleged prior non-state-jail felony convictions for aggravated assault with a deadly weapon and retaliation. The two enhancement paragraphs elevated the punishment range to that of a

second degree-felony. See TEX. PEN. CODE ANN. § 12.425(b) (West Supp. 2013). After finding

appellant guilty and the enhancement paragraphs true, the trial court assessed punishment at

fourteen years’ imprisonment.

The judgment states the degree of appellant’s offense was a second-degree felony.

However, although appellant’s punishment was in the second-degree felony range due to the

enhancement paragraphs, the offense for which he was convicted was a state-jail felony. Thus,

the judgment is incorrect. We sustain appellant’s issue. We modify the judgment to show the

degree of the offense is state jail felony. 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.

/David Lewis/ DAVID LEWIS JUSTICE

Do Not Publish TEX. R. APP. P. 47

130388F.U05

-2- Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

CARL RAY WOOD, Appellant Appeal from the Criminal District Court No. 7 of Dallas County, Texas (Tr.Ct.No. No. 05-13-00388-CR V. F12-54553-Y). Opinion delivered by Justice Lewis, THE STATE OF TEXAS, Appellee Justices Fillmore and Evans participating.

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

The section entitled “Degree of Offense” is modified to show “State Jail Felony.”

Judgment entered May 15, 2014.

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