Lasaro Cortez Jr. v. State

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 MEMORANDUM OPINION 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Before Chief Justice Jones, Justices Henson and Goodwin Modified and, as Modified, Affirmed Filed: August 18, 2011 Do Not Publish 2