Ernest Lee McCarty v. State ( 2005 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Ernest Lee McCarty

Appellant

Vs.                   No. 11-03-00366-CR -- Appeal from Ector County

State of Texas

Appellee

Ernest Lee McCarty appeals a judgment showing his conviction by the trial court of the offense of aggravated sexual assault of a child.  The trial court, upon revoking McCarty=s deferred adjudication, assessed his punishment at 12 years in the Texas Department of Criminal Justice, Institutional Division, and a fine of $1,000.  While the order adjudicating McCarty=s guilt shows that he was convicted of the offense of aggravated sexual assault of a child on September 22, 2003, the reporter=s record shows that the trial court, on September 24, 2003, announced its finding that McCarty was guilty of the offense of aggravated sexual assault of a child.  In his sole issue, McCarty requests that this court modify the judgment to conform to the record.  The State concurs in this request. 

As both McCarty and the State acknowledge, the trial court=s oral pronouncement of sentence controls over the written judgment, and this court has the authority under TEX.R.APP.P. 43.2(b) to modify the judgment to correct errors.  See Coffey v. State, 979 S.W.2d 326, 328 (Tex.Cr.App.1998); Bigley v. State, 865 S.W.2d 26, 27 (Tex.Cr.App. 1993); Rule 43.2(b). Accordingly, we modify the judgment to reflect that McCarty was convicted on September 24, 2003, of the offense of aggravated sexual assault of a child.

We affirm the judgment as modified.  

PER CURIAM

July 28, 2005

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of: Wright, J., and

McCall, J., and Hill, J.^[1]

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^[1]John G. Hill, Former Chief Justice, Court of Appeals, 2nd District of Texas at Fort Worth sitting by assignment.