CURTIS ODELL JENKINS, Appellant v. THE STATE OF TEXAS, Appellee

AFFIRMED as MODIFIED; Opinion Filed May 27, 2008.
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
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No. 05-07-01069-CR
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CURTIS ODELL JENKINS, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F01-32771-P
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MEMORANDUM OPINION
Before Chief Justice Thomas and Justices Wright and Francis
Opinion By Chief Justice Thomas
        Curtis Odell Jenkins waived a jury and pleaded not guilty to failure to register as a sex offender. The trial court found appellant guilty and assessed punishment at ten years' imprisonment, probated for three years, and a $500 fine. The State later moved to revoke appellant's community supervision, alleging several violations. The trial court found the allegations true, revoked appellant's community supervision, and assessed punishment at ten years' imprisonment. In two points of error, appellant contends the trial court's judgment should be modified to reflect the correct statute for the offense and to delete the unauthorized fine. The State concedes the judgment should be modified to include the citation to the correct statute under which appellant was sentenced and to delete the fine.         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 first point of error. We modify the trial court's judgment to show the statute for the offense is “62.102(a) Texas 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).
        The trial court assessed a $500 fine when appellant was placed on three years' community supervision. However, the trial court specifically waived the fine when it later modified the conditions of appellant's community supervision, and the trial judge did not reimpose it. Thus, trial court's judgment revoking community supervision incorrectly includes the $500 fine. We sustain appellant's second point of error. We modify the trial court's judgment to delete the $500 fine. See Bigley, 865 S.W.2d at 27-28; Asberry, 813 S.W.2d at 529-30.
        As modified, we affirm the trial court's judgment.
 
 
 
                                                          
                                                          LINDA THOMAS
                                                          CHIEF JUSTICE
Do Not Publish
Tex. R. App. P. 47
071069f.u05