Affirmed as Modified; Opinion filed July 30, 2013.

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 12 - 0 1524 - CR No. 05 - 12 - 01525 - CR DARRELL DEWAYNE MORG AN , Appellant

V. THE STATE OF TEXAS , Appellee On Appeal from the Criminal Distri ct Court No. 6

Dallas County, Texas Trial Court Cause No s . F 07 - 30718 - X, F07 - 30719 - X 

### MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang

- Miers

Opinion b y Justice Moseley Darrell Dewayne Morgan appeals from the adjudication of his guilt for pos session with intent to deliver cocaine in an amount of four grams or more but less than 200 grams and unlawful possession of a firearm by a felon
. See T EX . H EALTH & S AFETY C ODE A NN . § 481.112(a), (d) (West 2010); T EX . P ENAL C ODE A NN . § 46.04(a)(1) (West 20 11)
. In two issues, appellant contends the judgments adjudicating guilt should be modified to correct errors in them. The State agrees the judgments should be modified as appellant suggests . We modify the trial court’s judgments adjudicating guilt and a ffirm as modified.- 2
-

In his first issue, appellant contends the judgment in cause no. 05

- 12

- 01524

- CR should be modified to reflect he pleaded not true to the motion to adjudicate guilt . In his second issue, appellant contends the judgment in cause no. 05

- 12

- 01525

- CR should be modified to reflect the correct statute for the offense. The record shows that in each case, appellant pleaded not true to the motion to adjudicate guilt. However, t he judgment in cause no. 05

- 12

- 01524

- CR recites the plea to the motion to adjudicate wa s true. Thus, the judgment is incorrect. We sustain appellant’s first issue. In cause no. 05

- 12

- 01525

- CR, appellant was convicted of unlawful possession of a firearm by a felon pursuant to section 46.04 of the Texas Penal Code. The ju dgment, however, incorrectly identifies the statute for the offense as “46.05 Penal Code.” We sustain appellant’s second issue. In cause no. 05

- 12

- 01524

- CR, we modify the judgment adjudicating guilt to show appellant pleaded not true to the motion to adju dicate guilt
. See T EX . R. A PP . 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). In cause no. 05

- 12

- 01525

- CR, we modify the judgment adjudicating guilt to show the statute for the offense is “46.04 Penal Code.” As modified, w e af

firm the trial court’s judgments adjudicating guilt.

/Jim Moseley/ JIM MOSELEY JUSTICE
Do Not Publish T EX . R. A PP . P. 47 121524F.U05- 3
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## Court of Appeals Fifth District of Texa s at Dallas

JUDGMENT
DARRELL DEWAYNE MORG AN , Appellant No. 05

- 12

- 0 1524

- CR V. THE STATE OF TEXAS , Appellee Appeal from the Criminal District Court No. 6 of Dallas County, Texas (Tr.Ct.No. F 07

- 30718

- X ). Opinion delivered by Justice Moseley , Justices Bridges and Lang

- Miers participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is MODIFIED as follows: The section entitled “Plea to Motion to Adjudicate” is modified to show “Not True.” As modi fied, we AFFIRM the trial court’s judgment adjudicating guilt.
Judgment entered July 30 , 2013.

/ Jim Moseley/ JIM MOSELEY JUSTICE- 4
- 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT
DARRELL DEWAYNE MORG AN , Appellant No. 05

- 12

- 0 1525

- CR V. THE STATE OF TEXAS , Appellee Appeal from the Criminal District Court No. 6 of Dallas County, Texas (Tr.Ct.No. F 07

- 30719

- X ). Opinion delivered by Justice Moseley , Justices Bridges and Lang

- Miers participating.
Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is MODIFIED as follows: The section entitled “Statute for Offense” is modified to show “46.04 Penal Code.” As modified, we AFFIRM the trial court’s judgment adjudicating guilt.
Judgment entered July 30 , 2013.

/Jim Moseley/ JIM MOSELEY JUSTICE