Rene Olvera Lopez v. The State of TexasAppeal from 71st District Court of Harrison County (memorandum opinion by chief justice iii morriss)
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-13-00259-CR RENE OLVERA LOPEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 71st District Court Harrison County, Texas Trial Court No. 06-0155X Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Rene Olvera Lopez appeals from the final adjudication of his guilt for aggravated assault. He raises a single issue on appeal that the trial court erred by nonetheless assessing $400.00 in attorney s fees against him as an indigent. We agree, and modify the judgment to delete the award of attorney s fees. Court-appointed-attorney s fees cannot be assessed against an indigent defendant unless there is proof and a finding that he is no longer indigent. Cates v. State, 402 S.W. 3d 250 (Tex. Crim. App. 2013); Mayer v State, 399 S.W.3d 552 (Tex. Crim. App. 2010). In this case, there is no such evidence or finding. The trial court thus erred by assessing attorney s fees against Lopez. The proper remedy is to modify the judgment and remove the fee award. Cates, 402 S.W.3d at 252; Martin v. State, 405 S.W.3d 944, 947 (Tex. App. Texarkana 2013, no pet.). We modify the judgment of the trial court to delete the fees for Lopez s court-appointed attorney. As modified, the trial court s judgment is affirmed. Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: April 15, 2014 April 30, 2014 Do Not Publish 2
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