JOSHUA RAY BROWN BRANNON APPELLANT v. THE STATE OF TEXAS APPELLEE (2016)

MEMORANDUM OPINION

Joshua Ray Brown-Brannon appeals his conviction for possessing a controlled substance. Through his two issues, appellant contends that because the trial court did not assess a fine of $2000 or restitution of $180 during its oral pronouncement of the sentence, it erred by including both in its written judgment. Consequently, the judgment should be modified “to delete” the fine and restitution. The State agrees.

When there exists a conflict between the oral pronouncement of a sentence and the written judgment, the oral pronouncement controls. Burt v. State, 445 S.W.3d 752, 757 (Tex. Crim. App. 2014). Because the oral pronouncement of the sentence mentioned nothing of a $2000 fine or restitution of $180, it was improper to assess them in the written judgment. Accordingly, we modify the judgment and redact from it reference to the assessment of a $2000 fine and $180 in restitution. As modified, the judgment is affirmed.

Brian Quinn Chief Justice