Case Information
*1 AFFIRMED as Modified; Opinion Filed May 1, 2015.
In The No. 05-14-00784-CR CURTIS LAMON HALL, Appellant V.
On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F13-63732-J MEMORANDUM OPINION Before Justices Fillmore, Myers, and Evans Opinion by Justice Evans
A jury convicted Curtis Lamon Hall of assault involving family violence, and having two prior assault-family violence convictions. ENAL C ODE NN § 22.01(a)(1), (b)(2) (West 2011); T F AM . §§ 71.0021, 71.005 (West 2008 & Supp. 2014). The trial court assessed punishment at five years’ imprisonment. In a single issue, appellant contends the trial court’s judgment should be modified to reflect the correct statute for the 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,” which is the statute for aggravated assault. Appellant was found guilty of assault involving family violence, with two prior assault-family violence convictions under section 22.01 of the Texas Penal Code. See T EX . ENAL A . § 22.01(a)(1), (b)(2). We sustain appellant’s sole issue.
We modify the trial court’s judgment to show the statute for the offense is “22.01 Penal Code.” R. PP 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/ David Evans/ DAVID EVANS JUSTICE Do Not Publish
T R. PP P. 47
140784F.U05
JUDGMENT CURTIS LAMON HALL, Appellant Appeal from the Criminal District Court
No. 3 of Dallas County, Texas (Tr.Ct.No.
No. 05-14-00784-CR V. F13-63732-J).
Opinion delivered by Justice Evans, Justices Fillmore and Myers 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 Penal Code.” As modified, we AFFIRM the trial court’s judgment.
Judgment entered this May 1st, 2015.