Ted William Reemtsma v. The State of Texas--Appeal from 372nd District Court of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-05-429-CR

TED WILLIAM REEMTSMA APPELLANT

V.

THE STATE OF TEXAS STATE

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FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION[1]

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Ted William Reemtsma appeals the trial court=s judgment revoking his community supervision for felony driving while intoxicated. In a single issue, appellant complains that the trial court erred by ordering him to pay a $1000 fine as a condition of parole. The State concedes that the trial court was without authority to order repayment of a fine as a condition of parole.[2] Accordingly, we sustain appellant=s issue and modify the trial court=s judgment to omit the provision in the judgment requiring appellant to pay a $1000 fine as a condition of parole.[3] We affirm the trial court=s judgment as modified.[4]

PER CURIAM

PANEL F: CAYCE, C.J.; WALKER and MCCOY, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED: August 10, 2006

[1]See Tex. R. App. P. 47.4.

[2]See Slaughter v. State, Nos. 02-04-00050-CR, 02-04-00051-CR, 2005 WL 183142, at *1 (Tex. App.CFort Worth Jan. 27, 2005, no pet.) (mem. op.) (not designated for publication); Green v. State, Nos. 02-03-00377-CR, 02-03-00397-CR, 2005 WL 78326, at *4 (Tex. App.CFort Worth Jan. 13, 2005, no pet.) (mem. op.) (not designated for publication) (both holding same).

[3]Belt v. State, 127 S.W.3d 277, 281 (Tex. App.CFort Worth 2004, no pet.); Green, 2005 WL 78326, at *4.

[4]See Tex. R. App. P. 43.2(b).