NO. 07-09-0258-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL C
OCTOBER 13, 2011
______________________________
JAFFICE L. HARRIS, III, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2009-422,087; HONORABLE BRADLEY S. UNDERWOOD, JUDGE
_______________________________
Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Jaffice Harris, III, pled guilty in open court to burglary of a habitation
with intent to commit aggravated assault with a deadly weapon1 and was sentenced by
a jury to twenty-five years confinement. By two issues, he contests the sufficiency of
1
See Tex. Penal Code Ann. § 30.03(d) (West 2011).
the evidence to support an assessment of court-appointed attorney's fees as part of
court costs in the judgment.2 We modify and affirm.
By his first issue, Appellant contends the evidence is legally insufficient to
support an order to pay court-appointed fees. We agree. Appellant was provided with
the services of appointed counsel during trial. The summary portion of the judgment
entered in the underlying case reflects an assessment of court costs of $6,082.50,
representing $615 for court costs and $5,467.50 for attorney's fees.
Appellant acknowledges that under article 26.05(g) of the Texas Code of
Criminal Procedure, a defendant may be ordered to pay in part or in whole the costs of
legal services and court costs if the trial court finds the defendant has the ability to pay.
Tex. Code Crim. Proc Ann. art. 26.05(g) (West Supp. 2010). Without record evidence
demonstrating a defendant's financial resources to offset the costs of legal services, a
trial court errs if it orders reimbursement of court-appointed attorney's fees. Mayer v.
State, 309 S.W.3d 552, 555 (Tex.Crim.App. 2010). Ergo, Appellant argues that the
attorney's fee award of $5,467.50 should be deleted from the judgment.
The State candidly concedes that the record demonstrates Appellant's inability to
pay in that counsel was appointed by the trial court for trial and for appeal and she
concurs with Appellant that the attorney's fee award of $5,467.50 should be deleted
from the judgment. We agree and sustain issue one. Our sustention of issue one
pretermits consideration of Appellant's second issue.
2
This case was originally filed as an Anders appeal. See Anders v. California, 386 U.S. 738, 744-45, 87
S.Ct. 1396, 18 L.Ed.2d 493 (1967). Upon submission of this appeal, this Court found that an arguable
issue existed, granted counsel's motion to withdraw, abated this appeal, and remanded the cause to the
trial court for appointment of new counsel. See Harris v. State, No. 07-09-00258-CR, 2010 Tex. App.
LEXIS 8420, at *3-4 (Tex.App.--Amarillo Oct. 20, 2010, no pet.).
2
Conclusion
We modify the trial court's judgment to delete from the total court costs of
$6,082.50 the amount of $5,467.50 for court-appointed attorney's fees. As modified, the
trial court's judgment is affirmed.
Patrick A. Pirtle
Justice
Do not publish.
3