Lasaro Cortez, Jr., Appellant v. The State of Texas, Appellee (2011)

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.

Modified and, as Modified,

J. Woodfin Jones, Chief Justice