Ricardo Cavazos v. The State of Texas--Appeal from 251st District Court of Potter County (majority)

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NO. 07-12-0135-CR NO. 07-12-0136-CR NO. 07-12-0137-CR NO. 07-12-0138-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JANUARY 3, 2013 ___________________________________ RICARDO CAVAZOS, Appellant V. THE STATE OF TEXAS, Appellee ___________________________________ FROM THE 251ST DISTRICT COURT OF POTTER COUNTY; NOS. 51,006-C, 51,007-C, 51,008-C, & 51,009-C; HON. PATRICK A. PIRTLE, PRESIDING __________________________________ Memorandum Opinion __________________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Appellant, Ricardo Cavazos, appeals his four convictions that occurred in 2006. The Court of Criminal Appeals granted him an out-of-time appeal in all four cases. Through a single issue, he contends that the trial court erred by requiring him to pay $1,225.00 in attorney s fees in trial court cause number 51,006-C. The State agrees and requests that we delete the award of attorney s fees in the amount of $1,225.00. Based on appellant s brief and the State s response, we consider and sustain the sole issue presented as to trial court cause number 51,006-C, appellate cause number 07-12-00135-CR, modify the trial court s judgment by deleting from it the assessment of prior court-appointed attorney s fees in the amount of $1,225.00 against appellant, and affirm the trial court s judgment of conviction in cause number 51,006-C as modified. As to the judgments in trial court cause numbers 51,007-C, 51-008-C, and 51,009-C, we note that no attorney s fees were awarded. Therefore, we affirm those judgments. Accordingly, we affirm the trial court s judgment in 51,006-C as modified and affirm the trial court s judgments in 51,007-C, 51,008-C, and 51,009-C. Brian Quinn Chief Justice Do not publish. 2

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