_____
AFFIRM as modified; Opinion issued November 29, 2012
in The
Qtourt of tppta1
jf iftIj itrtct of Z1Ecxa at JOatta
No. 05-12-00342-CR
DARRYL JEROME WILLIAMSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. Fii-61428-J
MEMORANDUM OPINION
Before Justices FitzGerald, Richter, and Fillmore
Opinion by Justice FitzGerald
Darryl Jerome Williamson waived a jury and pleaded not guilty to assault on a public
servant. See TEx. PENAL CoDE ANN. § 22.01(a) (West 2011). After finding appellant guilty, the
trial court assessed punishment at two years’ imprisonment. In two issues, appellant contends
the judgment should be modified to show (1) he did not enter a guilty plea, and (2) he did not
have a plea bargain agreement. The State agrees the judgment should be modified. We modify
the trial court’s judgment and affirm as modified. The background of the case and the evidence
admitted at trial are well known to the parties, and we therefore 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.
The record shows appellant agreed to waive a jury and have a trial heibre the
court in exchange for the State dropping two enhancement paragraphs contained in the
indictment, The trial court accepted appellant’s plea of not guilty and heard testimony from
witnesses. The judgment. however, states the plea to the offense was guilty and that there was a
plea bargain agreement. Thus, the judgment is incorrect. We sustain appellants two issues.
We modify the trial courf s judgment to show the plea to the offense was not guilty and
there were no plea bargain terms. See TEx. R. App. P. 43.2(b); Bigley v. State. 865 S.W.2d 26,
27—28 (Tex. (‘rim. App. 1993); Asbein’ v. Stale. 813 S.W.2d 526. 529—30 (Tex. App.—Dallas
1991. pet. ref’d). As modified, we affirm the trial courts judgment.
Do Not Publish
TEx. R. App. P.47
120342F.U05
Qtourt of tppta1
if uftlj itrtct of rtxa at a1ta
JUDGMENT
DARRYL JEROME WILLIAMSON, Appeal from the Criminal District Court
Appellant No. 3 of Dallas County, Texas (Tr.Ct.No.
Fl 1-61428-J).
No. 05-12-00342-CR V. Opinion delivered by Justice FitzGerald,
Justices Richter and Fillmore participating.
THE STATE OF TEXAS. Appellee
Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as
follows:
The section entitled “Plea to Offense” is modified to show “Not Guilty.”
The section entitled “Terms of Plea Bargain” is modified to show “None.”
As modified. we AFFIRM the trial court’s judgment.
Judgment entered November 29, 2012.
KERRY P. Efl7GI RAl D
.11 ST1(’l