Chheng, Phirom L. AKA Lee, Romand v. State

Opinion

Modified and Affirmed as Modified; Opinion Filed March 14, 2013.

In The Ionrt uf Appiat .Vift1! 1hitrirt uf ixa at Oa11a No. 05-11-00601-CR

PHIROM L. C11HENG, A/KIA ROMAN LEE, Appellant V. THE STATE OF 1’EXAS, Appellee

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-80310-10

MEMORANDUM OPINION Before Justices Moseley, Francis, and Lang Opinion by Justice Moseley Phirom L. Chheng, a/k/a Roman Lee, appeals his conviction for indecency with a child.

in a single issue, he contends the trial court erred by ordering him to pay the cost of his court-

appointed attorney because he is indigent. The State concedes error. Accordingly, we sustain

Chheng’s issue.

We modify the judgment and the order placing Chheng on community supervision to

delete the requirement that Chheng pay court-appointed attorney’s fees. See TEx. R. Ap1. 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. ret’ d). As modified, we affirm the trial court’s judgment

Do Not Publish TEx. R. An. P. 47.2(b) I I0601F.U05

—2— (Court of )ppealz JTiftIj District of Wexas at Dnllaø JUDGMENT

PHIROM L. CHHENG, A/K/A ROMAN On Appeal from the 401st Judicial District LEE. Appellant Court, Collin County. Texas Trial Court Cause No.401-80310-10. No. 05-11-00601-CR V. Opinion delivered by Justice Moseley. Justices Francis and Lang participating. ThE STATE OF TEXAS, Appellee

Based on the Court’s opinion of this date, the judgment of the trial court is MODIFIED

to DELETE the following paragraph on page three of the judgment:

It is further ORDERED that the cost to Collin County for the payment of this defendant’s court-appointed attorney, if any, is taxed against this defendant as court cost. The District Clerk is granted leave to amend the court cost to reflect this amount without the necessity of a further order.

Further, the trial court’s May 6, 2011 Order Suspending Imposition of Sentence and

Placing Defendant on Community Supervision is MODIFIED to delete condition 16.f and any

requirement that defendant reimburse the cost of his court-appointed counsel.

As MODIfiED the judgment is AFFIRMED. th 14 Judgment entered this day of March, 2013.

:2’;4;:. . I JIM Z4ESSELEY J1J$tICE