Michael Henry Wright v. State

Opinion

Opinion to: SR TJ EVK ERA GCH LCH JB JS MM TGT

Opinion issued April 1, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-08-00925-CR

MICHAEL HENRY WRIGHT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1172742

MEMORANDUM OPINION

In his sole issue, Michael Henry Wright, appellant, contends the trial court’s judgment erroneously reflects that he was convicted of the first degree felony of aggravated sexual assault of a child under the age of 14.  Appellant requests that we modify the judgment to show he was convicted of second degree indecency with a child by contact.  The State agrees that the judgment should be modified.    

The record shows appellant was initially charged with the first degree felony of aggravated sexual assault of a child under the age of 14 that occurred on or about February 17, 2007.  Appellant pleaded guilty without an agreed recommendation to the reduced charge of second degree indecency with a child by contact.  See Tex. Penal Code Ann. § 21.11 (Vernon Supp. 2009).  Although there is no dispute appellant pleaded guilty and was convicted of second degree indecency with a child by contact, the judgment erroneously reflects he was convicted of first degree felony aggravated sexual assault of a child under the age of 14.

          We modify the judgment to show appellant was convicted of second degree indecency with a child by contact, and affirm the judgment, as modified.  See St. Julian v. State, 132 S.W.3d 512, 517 (Tex. App.—Houston [1st Dist.] 2004, pet. ref’d); Asberry v. State, 813 S.W.2d 526, 529 (Tex. App.—Dallas 1991, pet. ref’d).

CONCLUSION

          As modified, we affirm the judgment of the trial court.

                                                          Elsa Alcala

                                                          Justice

Panel consists of Chief Justice Radack and Justices Alcala and Higley.

Do not publish.  Tex. R. App. P. 47.2(b).