DONALD RAY JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

AFFIRM as MODIFIED and Opinion Filed September 11, 2007
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-06-01595-CR
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DONALD RAY JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the Criminal District Court
Dallas County, Texas
Trial Court Cause No. F05-73212-KH
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OPINION
Before Justices Wright, Richter, and Lang
Opinion By Justice Richter
        Donald Ray Johnson waived a jury and pleaded not guilty to aggravated assault with a deadly weapon, family violence. After finding appellant guilty and finding two enhancement paragraphs true, the trial court assessed punishment at forty-five years' imprisonment. In a single point of error, appellant contends the trial court's judgment should be modified to remove the term “open plea.” We affirm the trial court's judgment as modified.
        Appellant argues that because the term “open plea” refers to a non-negotiated guilty plea and not in cases involving a not guilty plea, the term should be removed from the trial court's judgment. The record shows appellant entered a not guilty plea, after which the trial court conducted a trial on the merits. We sustain appellant's sole point of error. We modify the trial court's judgment to show 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. 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.
 
 
 
                                                          
                                                          MARTIN RICHTER
                                                          JUSTICE
 
Do Not Publish
Tex. R. App. P. 47
061595F.U05