APPELLANT

APPELLEE

PER CURIAM

The district court found appellant guilty of indecency with a child and assessed punishment, enhanced by a previous felony conviction, at imprisonment for twenty years. Tex. Pen. Code Ann. § 21.11 (1989). In his sole point of error, appellant asks this Court to reform the judgment to reflect a conviction for a third degree felony rather than a first degree felony. The State joins in this request.

The record reflects that the court found appellant guilty of indecency with a child by exposure, as alleged in the second count of the indictment. This is a third degree felony. Id. at § 21.11(d). When assessing punishment, the court stated:

And because I found that enhancement allegation to be true, that basically raises this up from a third degree felony to second degree felony. So 20 years is the maximum that you can receive.

The Court having found the enhancement allegation true, I do assess your punishment at 20 years confinement.

The judgment erroneously recites that appellant was found guilty of a first degree felony. Therefore, the judgment is reformed to reflect that appellant was found guilty of a third degree felony. As reformed, the judgment of conviction is affirmed.

[Before Justices Powers, Aboussie and Kidd]

Reformed, and as Reformed, Affirmed

Filed: May 1, 1991

[Do Not Publish]