Eric Garza v. The State of Texas--Appeal from 140th District Court of Lubbock County (majority)

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NO. 07-11-0346-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL C NOVEMBER 27, 2012 ___________________________________ ERIC GARZA, Appellant V. THE STATE OF TEXAS, Appellee ___________________________________ FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 2009-424174; HON. JIM BOB DARNELL, PRESIDING __________________________________ Memorandum Opinion __________________________________ Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. Appellant, Eric Garza, appeals his conviction for aggravated sexual assault of a child. Through a single issue, he contends that the trial court erred by requiring him to pay $354.20 in attorney s fees. The State agrees and requests that we delete the award of attorney s fees in the amount of $354.20. Based on appellant s brief and the State s response, we consider and sustain the sole issue presented, modify the trial court s judgment by deleting from it the assessment of prior court-appointed attorney s fees in the amount of $354.20 against appellant, and affirm the trial court s judgment of conviction as modified. Brian Quinn Chief Justice Do not publish. 2