JOSEPH BRIAN EDINBYRD, Appellant v. THE STATE OF TEXAS, Appellee

AFFIRM and MODIFIED and Opinion Filed April 29, 2008
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-07-00942-CR
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JOSEPH BRIAN EDINBYRD, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the Criminal District Court
Dallas County, Texas
Trial Court Cause No. F00-23208-VH
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OPINION
Before Justices Morris, Whittington, and O'Neill
Opinion By Justice O'Neill
        Joseph Brian Edinbyrd waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. See Tex. Penal Code Ann. §§ 29.02(a), 29.03(a) (Vernon 2003). Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on eight years' community supervision, and assessed a $2000 fine. The State later moved to adjudicate guilt, alleging appellant violated the terms of his community supervision. The trial court granted the motion, adjudicated appellant guilty, and assessed punishment at sixty years' imprisonment. In a single issue, appellant asks this court to modify the trial court's judgment to show he pleaded not true to the allegations in the amended motion to adjudicate. The State agrees the trial court's judgment should be modified to correctly reflect the proceedings.         The trial court's judgment incorrectly recites that appellant pleaded true to the amended motion to adjudicate. Thus, the trial court's judgment is incorrect. We sustain appellant's sole issue on appeal. We modify the trial court's judgment adjudicating guilt to show appellant pleaded not true to the amended motion to adjudicate. 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.
 
 
 
                                                          
                                                          MICHAEL J. O'NEILL
                                                          JUSTICE
Do Not Publish
Tex. R. App. P. 47
070942F.U05