Lorenzo Terrez Cooper v. The State of Texas--Appeal from 350th District Court of Taylor County

Opinion filed June 21, 2007

In The

Eleventh Court of Appeals

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   No. 11-06-00010-CR

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LORENZO TERREZ COOPER, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 350th District Court

Taylor County, Texas

Trial Court Cause No. 7105-D

O P I N I O N

The trial court convicted Lorenzo Terrez Cooper of aggravated assault of Jamie Ballard by shooting her and assessed his punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for a term of six years. However, the trial court suspended the imposition of the sentence and placed appellant on community supervision for six years. The trial court also ordered appellant to pay restitution to Ballard in the amount of A$5,000 plus out of pocket medical expense[s].@ We modify and affirm.

This Court=s April 26, 2007 Order

In our order dated April 26, 2007, this court considered both issues raised in appellant=s brief. We overruled appellant=s first issue that the trial court erred in placing him on community supervision and held that appellant had invited any error, that any error was harmless, and that the sentence was neither void nor illegal. We sustained appellant=s second issue that the restitution award was improper and abated the appeal for the trial court to conduct a new hearing as to restitution.

Trial Court=s New Findings as to Restitution

On May 16, 2007, the trial court found that all of Ballard=s out-of-pocket medical expenses had been paid and concluded that there was no amount of restitution that appellant could be required to pay.

Issues on Appeal

Appellant has informed this court in writing thathe would not be filing a supplemental brief. The April 26 order dealt with all of the issues raised by appellant; therefore, there are no unresolved issues pending before this court.

This Court=s Ruling

The judgment of the trial court is modified to delete any award of restitution. As modified, the judgment is affirmed.

PER CURIAM

June 21, 2007

Do not publish. See Tex. R. App. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.