Curtis Lamon Hall v. State ( 2015 )

AFFIRMED as Modified; Opinion Filed May 1, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00784-CR
CURTIS LAMON HALL, Appellant
V.
THE STATE OF TEXAS, Appellee
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. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2)
(West 2011); TEX. FAM. CODE ANN. §§ 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 TEX. PENAL CODE ANN. § 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.” 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 Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140784F.U05
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Court of Appeals
Fifth District of Texas at Dallas
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,
THE STATE OF TEXAS, Appellee 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.
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