IN THE TENTH COURT OF APPEALS No. 10-14-00036-CR JUSTIN RAY ROMO, Appellant v. THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2012-1121-C1

MEMORANDUM OPINION

Appellant Justin Ray Romo pleaded guilty to the offense of evading arrest or detention using a vehicle and pleaded true to an enhancement allegation. A jury thereafter assessed his punishment at four years’ imprisonment. In his sole issue, Romo contends that the judgment incorrectly recites that he was convicted of a second-degree felony. The State concedes the error.

The offense of evading arrest or detention using a vehicle is a third-degree felony. See TEX. PENAL CODE ANN. § 38.04(b)(2)(A) (West Supp. 2014). The enhancement allegation does not change this. It merely enhances the punishment range of the offense to that of a second-degree felony without changing the felony degree of the offense itself. See id. § 12.42(a), (f) (West Supp. 2014); Martin v. State, 405 S.W.3d 944, 949-50 (Tex. App.—Texarkana 2013, no pet.).

Accordingly, we sustain Romo’s sole issue and modify the judgment to reflect conviction of a third-degree felony. We affirm the judgment as modified.

REX D. DAVIS Justice Before Chief Justice Gray, Justice Davis, and Justice Scoggins Affirmed as modified Opinion delivered and filed November 20, 2014 Do not publish [CR25]

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