Damon James Wilson v. State

Opinion

Affirmed as Modified and Opinion Filed October 21, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00874-CR

DAMON JAMES WILSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F13-30651-U

MEMORANDUM OPINION Before Chief Justice Wright and Justices Myers and Evans Opinion by Chief Justice Wright

Damon James Wilson appeals from his conviction for assault involving family violence,

with a prior assault-family violence conviction. See TEX. PENAL CODE ANN. § 22.01(a)(1) (West

2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2014). The trial court

assessed punishment, enhanced by one prior felony conviction, at eighteen years’ imprisonment

and a $2,000 fine. In a single issue, appellant contends the trial court’s judgment should be

modified to reflect the correct statute for the charged offense. The State agrees the judgment

should be modified as appellant requests. We modify the trial court’s judgment and affirm as

modified. The trial court’s judgment incorrectly identifies the statute for the offense as “22.02 Penal

Code.” Appellant was convicted of assault involving family violence, with a prior conviction for

assault-family violence under section 22.01 of the Texas Penal Code. See TEX. PENAL CODE

ANN. § 22.01(a)(1), (b)(2) (West 2011). Thus, the judgment is incorrect. We sustain appellant’s

sole issue.

We further note the judgment incorrectly shows the plea to the first enhancement

paragraph and the finding on the first enhancement paragraph as “N/A.” The record shows

appellant pleaded true to the enhancement paragraph and the trial court found the enhancement

paragraph true.

We modify the judgment to show (1) the statute for the offense is “22.01(a)(1) Penal

Code,” (2) the plea to the first enhancement paragraph is “true,” and (3) the findings on the first

enhancement paragraph is “true.” 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.

Do Not Publish TEX. R. APP. P. 47 130874F.U05

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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JUDGMENT

DAMON JAMES WILSON, Appellant Appeal from the 291st Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-13-00874-CR V. F13-30651-U). Opinion delivered by Chief Justice Wright, THE STATE OF TEXAS, Appellee Justices Myers and Evans participating.

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

The section entitled “Statute for Offense” is modified to show “22.01(a)(1) Penal Code.”

The section entitled “Plea to 1st Enhancement Paragraph” is modified to show “True.”

The section entitled “Findings on 1st Enhancement Paragraph” is modified to show “True.”

Judgment entered October 21, 2014

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