PRESTON L. JOHNSON, Appellant v. THE STATE OF TEXAS, Appellee

AFFIRM as MODIFIED and Opinion Filed November 20, 2007
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-07-00054-CR
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PRESTON L. JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 363rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F06-87189-MW
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OPINION
Before Justices Morris, Wright, and Moseley
Opinion By Justice Wright
        After a jury convicted Preston L. Johnson of failure to register as a sex offender, the trial court assessed punishment, enhanced by a prior felony conviction, at six years' imprisonment. In a single point of error, appellant contends the trial court's judgment should be modified to reflect the correct statute for the offense. The State concedes that the judgment should be modified to include citation to the correct statute under which appellant was sentenced.
        Chapter 62 of the Texas Code of Criminal Procedure governs sex offender registration requirements. Appellant was convicted of failure to register as a sex offender under article 62.102. See Tex. Code Crim. Proc. Ann. art. 62.102(a) (Vernon 2006). The trial court's judgment recites the statute for the offense is “section 62.10 Penal Code.” Thus, the trial court's judgment is incorrect. We sustain appellant's point of error. We modify the trial court's judgment to show the statute for the offense is “62.102(a) Code of Criminal Procedure.” 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.
 
 
 
                                                          
                                                          CAROLYN WRIGHT
                                                          JUSTICE
Do Not Publish
Tex. R. App. P. 47
070054F.U05