Jimmy Sneed v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN





NO. 3-90-155-CR



JIMMY SNEED,

APPELLANT

vs.





THE STATE OF TEXAS,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT NO. 102,412, HONORABLE BOB PERKINS, JUDGE

PER CURIAM

The district court found appellant guilty of indecency with a child and assessed punishment, enhanced by a previous felony conviction, at imprisonment for twenty years. Tex. Pen. Code Ann. § 21.11 (1989). In his sole point of error, appellant asks this Court to reform the judgment to reflect a conviction for a third degree felony rather than a first degree felony. The State joins in this request.

The record reflects that the court found appellant guilty of indecency with a child by exposure, as alleged in the second count of the indictment. This is a third degree felony. Id. at § 21.11(d). When assessing punishment, the court stated:

And because I found that enhancement allegation to be true, that basically raises this up from a third degree felony to second degree felony. So 20 years is the maximum that you can receive.

The Court having found the enhancement allegation true, I do assess your punishment at 20 years confinement.

The judgment erroneously recites that appellant was found guilty of a first degree felony. Therefore, the judgment is reformed to reflect that appellant was found guilty of a third degree felony. As reformed, the judgment of conviction is affirmed.

[Before Justices Powers, Aboussie and Kidd]

Reformed, and as Reformed, Affirmed

Filed: May 1, 1991

[Do Not Publish]