Lasaro Cortez Jr. v. State

• Court: Court of Appeals of Texas
• Decided: August 18, 2011
• Docket: 03-10-00694-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00694-CR Lasaro Cortez, Jr., Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 63990, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellant Lasaro Cortez was placed on deferred adjudication community supervision after he pleaded guilty to possessing more than one gram of cocaine with intent to deliver and true to a previous felony conviction alleged for enhancement. See Tex. Health & Safety Code Ann. § 481.112(a), (c) (West 2010). The State later moved to adjudicate, alleging two violations of the conditions of supervision. Following a hearing, the trial court found the allegations to be true, adjudged appellant guilty, and imposed a fourteen-year prison sentence.

In his only issue on appeal, appellant contends that the evidence does not support the court's order that he pay $565 in attorney's fees. See Tex. Code Crim. Proc. Ann. art. 26.05(g) (West Supp. 2010); Mayer v. State, 309 S.W.3d 552, 556-57 (Tex. Crim. App. 2010). The State concedes that there is no evidence of a material change in appellant's financial status subsequent to his being found indigent.

The issue is sustained. The judgment of conviction is modified to delete the order that appellant pay $565 in attorney's fees. As modified, the judgment is affirmed.

___________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Henson and Goodwin

Modified and, as Modified, Affirmed

Filed: August 18, 2011

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