Edward Derell Harmon v. State ( 2014 )

Affirmed as Modified and Opinion Filed June 17, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01588-CR
EDWARD DERELL HARMON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F13-54014-I
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Francis
Edward Derell Harmon waived a jury, pleaded guilty to unlawful possession of a firearm
by a felon and pleaded true to two enhancement paragraphs. After finding appellant guilty and
the enhancement paragraphs true, the trial court assessed punishment at imprisonment for
twenty-five years. In a single issue, appellant contends the trial court’s judgment should be
modified to show the correct statute for the offense. We modify the trial court’s judgment and
affirm as modified.
Appellant was convicted under section 46.04 of the Texas Penal Code. See TEX. PENAL
CODE ANN. § 46.04(a) (West 2011). The trial court’s judgment incorrectly identifies the statute
as “46.05 Penal Code.” Thus, the judgment is incorrect. We sustain appellant’s sole issue. We
modify the judgment to show the statute for the offense is “46.04(a) Penal Code.” 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Do Not Publish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 /Molly Francis/
131588F.U05 MOLLY FRANCIS
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EDWARD DERELL HARMON, Appeal from the Criminal District Court
Appellant No. 2 of Dallas County, Texas (Tr.Ct.No.
F13-54014-I).
No. 05-13-01588-CR V. Opinion delivered by Justice Francis,
Justices Bridges and Lang-Miers
THE STATE OF TEXAS, Appellee 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 “46.04(a) Penal Code.”
As modified, we AFFIRM the trial court’s judgment.
Judgment entered June 17, 2014
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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