In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-14-00049-CR
ANTHONY LEE JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th District Court
Gregg County, Texas
Trial Court No. 41,097-B
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Anthony Lee Johnson appeals his conviction, on his open plea of guilty, of driving while
intoxicated, subsequent offense. He raises a single contention of error, arguing that the trial
court erred by ordering that he, an indigent person, pay fees of his court appointed counsel. The
State has acknowledged this error, and likewise requests that we modify the judgment to
eliminate the assessment of attorney fees.
The judgment itemizes the costs assessed against Johnson including $765.00 for attorney
fees. Johnson was found indigent before trial, and there is no indication of any change in that
status.
We have addressed this precise error numerous times. Court-appointed attorney fees
cannot be assessed against an indigent defendant unless there is proof and a finding that such
defendant is no longer indigent. Cates v. State, 402 S.W.3d 250, 251–52 (Tex. Crim. App.
2013); Mayer v State, 309 S.W. 3d 552, 555–56 (Tex. Crim. App. 2010). In this case, there is no
such evidence or finding. Error is thus shown. Under such circumstances, the proper remedy is
not to reverse the conviction; rather, the proper remedy is to modify the judgment by removing
the fee assessment. Cates, 402 S.W.3d at 251–52; Mayer, 309 S.W.3d at 555–56; Martin v. State,
405 S.W.3d 944 (Tex. App.—Texarkana 2013, no pet.).
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We modify the judgment of the trial court by deleting the assessment of attorney fees.
As modified, the trial court’s judgment is affirmed.
Jack Carter
Justice
Date Submitted: October 1, 2014
Date Decided: October 2, 2014
Do Not Publish
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