Affirmed as Modified; Opinion Filed March 5, 2013.
In The
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No. 05-11-01318-CR
TERRILL MIDDLETON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County. Texas
Trial Court Cause No. FlO-72351-S
MEMORANDM OPINION
Beft)re Justices FitzGerald, Fillmore, and Evans
Opinion by Justice Evans
Abandoning his initial llea of not guilty, Terrill Middleton pleaded no contest to the
charge of aggravated assault with a deadly weapon. As fact finder in the case, the trial court
convicted appellant and sentenced him to ten years’ confinement. Appellant complains in two
issues that the trial court erred in considering extraneous offense evidence at punishment and the
judgment incorrectly reflects his plea. We modify the judgment to reflect appellant’s plea of no
contest. As modified, we affirm the trial court’s judgment. The background of the case and the
evidence adduced at trial are well known to the parties, and therefore we limit recitation of the
facts. We issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4
because the law to be applied in the case is well settled.
In his first issue, appellant complains the trial court erred when it considered extraneous
offense evidence at punishment that had not been proved beyond a reasonable doubt. Because
appellant ne\er objected to the trial courts admission or consideration of evidence pertaining to
the offenses, however, he has forfeited his right to complain about them on appeal. See TEx. R.
App. P. S3.l(). ( )nce the evidence was admitted without objection, it could be considered for all
purpoSeS. .
e’ Zumora v. State, 375 S.W.3d 382, 396 (Tex. App.
5 ——-- Flouston 14th 1)1st. 1 2014,
pet. struck). We resolve appellant’s first issue against him.
Appellant next complains the udgment in his ease incorrectly states that his plea was not
guilty, rather than no contest. The State agrees that the judgment should he modified to
accurately reflect appellant’s plea. We modify the judgment to reflect that appellant entered a
plea of no contest. See Trx. R APP. P. 43 .lsherri i. State, 813 S.W.2d 526, 529—3D (Tex.
App. —-- Dallas I 991, pet. refd).
As modified, we affirm the trial court’s judgment.
EVANS
‘TICE
Do ISot Publish
TEx. R. App. P. 47
11 1318F.U05
QL1IIrI of Appczth
FiftIi Jhtrirt of Lixu it Jt1ku
JUDGMENT
MIDDLETON, TERRILL, Appellant On Appeal from the 282nd Judicial District
Court, Dallas County, Texas
No.05-I 1-013 tX-CR V. Trial Court Cause No. Fl0-72351-S.
Opinion delivered by Justice Evans.
lHE STATE ()F FEXAS, Appellee Justices FitzGerald and Fillmore
participating.
Based on the Courts opinion of this date. the judgment of the trial court is
MO1)IFIEI) to reflect appellant entered a plea oF no contest.
As MODIFIED the judgmcnt is AFFIRMFD
Judgment entered this 5th (lay of March, 2013.