Affirmed as Reformed and Memorandum Opinion filed May 10, 2012.
In The
Fourteenth Court of Appeals
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NO. 14-12-00072-CR
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TERRY DON BOOKER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Court Cause No. 10-08471
MEMORANDUM OPINION
Appellant entered a “guilty” plea to criminal solicitation. In accordance with the
terms of a plea bargain agreement with the State, the trial court deferred adjudication of
guilt, placed appellant under community supervision for five years, and assessed a fine of
$500. Subsequently, the State moved to adjudicate guilt. Appellant entered a plea of
“true” to one allegation. The trial court found the allegation true, adjudicated guilt, and
sentenced appellant to confinement for eleven years in the Institutional Division of the
Texas Department of Criminal Justice.
In three issues, appellant claims the trial court erred in assessing a $500 fine against
appellant in the judgment adjudicating guilt because there was no oral pronouncement of
the fine. The State concedes the fine was included in the administrative-fee calculation
and that no fine was orally pronounced. Appellant's issues are sustained.
Because the oral pronouncement controls, the fine must be deleted from the
judgment. See Taylor v. State, 131 S.W.3d 497, 502 (Tex. Crim. App. 2004).
Accordingly, we reform the judgment of the trial court to reflect administrative fees are
assessed in the amount of $2,906.00. As reformed, the judgment of the trial court is
affirmed.
PER CURIAM
Panel consists of Justices Frost, Seymore, and McCally.
Do not publish - TEX. R. APP. P. 47.2(b).
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