MODIFY and AFFIRM; and Opinion Filed April 29, 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00916-CR SCOTT RICHARD THORNTON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause No. F13-00327-L MEMORANDUM OPINION Before Chief Justice Wright and Justices Brown and Stoddart Opinion by Justice Brown A jury convicted Scott Richard Thornton of indecency with a child. See TEX. PENAL CODE ANN. § 21.11(a) (West 2011). The trial court assessed punishment, enhanced by two prior felony convictions, at twenty-five years’ imprisonment. In a single issue, appellant contends the judgment should be modified to show the correct offense for which he was convicted. We modify the trial court’s judgment and affirm as modified.

The record shows appellant was indicted for and pleaded not guilty to indecency with a child. The indictment did not allege the contact was continuous. However, the trial court’s judgment incorrectly states the offense for which appellant was convicted is “indecency with a child continuous.” We sustain appellant’s sole issue. We modify the judgment to show the offense for which appellant was convicted is “indecency with a child.” See TEX. R. APP. 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).

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

/Ada Brown/ ADA BROWN JUSTICE Do Not Publish TEX. R. APP. P. 47 140916F.U05

-2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT

SCOTT RICHARD THORNTON, Appeal from the Criminal District Court Appellant No. 5 of Dallas County, Texas (Tr.Ct.No. F13-00327-L).

No. 05-14-00916-CR V. Opinion delivered by Justice Brown, Chief Justice Wright and Justice Stoddart THE STATE OF TEXAS, Appellee participating.

Based on the Court’s opinion of this date, the trial court’s judgment is MODIFIED as follows: The section entitled “Offense for which Defendant Convicted” is modified to show “Indecency with a child.”

As modified, we AFFIRM the trial court’s judgment.

Judgment entered April 29, 2015.

-3-