George Deshannon Tucker v. The State of TexasAppeal from 283rd Judicial District Court of Dallas County (memorandum opinion )

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AFFIRM as Modified; Opinion Filed April 30, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01430-CR GEORGE DESHANNON TUCKER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F12-56621-T MEMORANDUM OPINION Before Justices Lang, Myers, and Brown Opinion by Justice Lang A jury convicted George Deshannon Tucker of aggravated robbery with a deadly weapon. The trial court assessed punishment, enhanced by two enhancement paragraphs, at fifty years imprisonment. In two issues, appellant contends the trial court s judgment should be modified to show the correct name for the State s attorney and to show the correct offense for which appellant was convicted. We modify the trial court s judgment and affirm as modified. The record shows the State was represented at trial by Kelly Benavides and Chris Pryor. The jury convicted appellant of the offense of aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2011). The judgment, however, recites the State was represented by Rachel Burris, and that the offense for which appellant was convicted was aggravated robbery deadly weapon/habitation. Thus, the judgment is incorrect. We decide appellant s two issues in his favor. We modify the judgment to show the attorneys who represented the State were Kelly Benavides and Chris Pryor. We further modify the judgment to show appellant was convicted for aggravated robbery with a deadly weapon. 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. /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47 131430F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT GEORGE DESHANNON TUCKER, Appellant No. 05-13-01430-CR Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F12-56621-T). Opinion delivered by Justice Lang, Justices Myers and Brown participating. V. 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 Attorney for State is modified to show Kelly Benavides and Chris Pryor. The section entitled Offense for which Defendant Convicted is modified to show Aggravated Robbery Deadly Weapon. As modified, we AFFIRM the trial court s judgment. Judgment entered April 30, 2014. / Douglas S. Lang/ DOUGLAS S. LANG JUSTICE -3-

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