Affirmed as Modified and Op inion Filed November 4, 2015

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05-14-01557-CR FORREST ADKINS, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the Crimin al District Court No. 7 Dallas County, Texas Trial Court Cause No. F13-52438-Y 

### MEMORANDUM OPINION Before Justices Bridges, Francis, and Myers Opinion by Justice Bridges Forrest Adkins appeals his conviction, fo llowing the adjudicati on of his guilt, for aggravated assault with a deadly weapon. In th ree issues, appellant cont ends the trial court’s judgment should be modified to co rrectly reflect the offense for wh ich he was convicted, to show there was no plea agreement, and to show he plead ed true to only one of the allegations in the motion to adjudicate. The State agrees the judgment should be modified to make the requested corrections. We modify the tr ial court’s judgment adjudicating guilt and affirm as modified. Appellant waived a jury and pleaded guilty to aggravated assault with a deadly weapon, a letter opener. See T EX
. P ENAL C ODE A NN
. § 22.02(a)(2) (West 2011). Pursuant to a plea‐ 2 ‐ agreement, the trial court deferred adjudicating guilt and placed appellant on three years’ community supervision. The St ate later moved to adjudicate guilt, alleging appellant violated condition (q) by residing at a prohibited addres s as a condition of community supervision and condition (u) by going “AWOL” from the Salvation Army. Appellant pleade d true to violating condition (u) and not true to violating condition (q). After hearing testimony from appellant, appellant’s older brother, a probation officer, a nd a Salvation Army counselor, the trial court found both allegations true, granted the State’ s motion, and adjudicated appellant guilty of aggravated assault with a dead ly weapon. The trial court sent enced appellant to ten years’ imprisonment. The judgment adjudicating guilt states the o ffense for which appellant was convicted is “aggravated assault with a deadly weapon/2nd.” The indictment alleged that appellant had a previous injury to an elderly pe rson conviction that involved family violence. However, the trial court granted the State’s motion to strike the allegation of the previous family violence conviction. Therefore, the judgmen t incorrectly reflects that appellant’s conviction in this case involves a second family violence conviction. We su stain appellant’s first issue. We modify the judgment adjudicating guilt to dele te the “/2nd” and to show the offense for which appellant was convicted is aggravated assa ult with a deadly weapon. 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). The judgment adjudicating guilt also incorrectly reflects there was a plea bargain agreement, when, in fact, appellant entered an open plea of true to one of the allegations in the motion to adjudicate and not true to the other a llegation. Accordingly, we sustain appellant’s second and third issues. We modify the sec tion of the judgment ad judicating guilt entitled‐ 3 ‐ “terms of plea bargain” to state “open,” and the s ection entitled “plea to motion to adjudicate” is modified to state “True Condition (u), Not True Condition (q).” Id

. As modified, we affirm the trial court’s judgment adjudicating guilt.

Do Not Publish T EX
. R. A PP
. P. 47 141557F.U05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE‐ 4 ‐ 

## Court of Appeals **Fifth District of Texas at Dallas**

JUDGMENT
FORREST ADKINS, Appellant
No. 05-14-01557-CR V. THE STATE OF TEXAS, Appellee Appeal from the Criminal District Court No. 7 of Dallas County, Texas (Tr.Ct.No. F13-52438-Y). Opinion delivered by Justice Bridges, Justices Francis and Myers participating.

Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is MODIFIED as follows: The section entitled “Offense for which De fendant Convicted” is modified to show “Aggravated Assault wi th a Deadly Weapon.” The section entitled “Plea to Motion to Adjudi cate” is modified to show “True Condition (u), Not True Condition (q).” The section entitled “Terms of Plea Barg ain” is modified to show “Open.” As modified, we AFFIRM the trial court’s judgme nt adjudicating guilt.

Judgment entered November 4, 2015.