Jacob Ayala v. The State of Texas--Appeal from 222nd District Court of Deaf Smith County (majority)

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NO. 07-11-0453-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B JUNE 6, 2012 _____________________________ JACOB FRANK AYALA, Appellant v. THE STATE OF TEXAS, Appellee _____________________________ FROM THE 222ND DISTRICT COURT OF DEAF SMITH COUNTY; NO. CR-08I-149; HONORABLE ROLAND SAUL, PRESIDING _____________________________ MEMORANDUM OPINION _____________________________ Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ. Jacob Frank Ayala (appellant) appeals the judgment convicting him of aggravated assault with a deadly weapon because the fine was not orally pronounced, the record is insufficient to support his ability to pay attorney s fees, and the record does not show how the amount of attorney s fees was determined. We affirm the judgment as modified. Regarding the $1000 fine, the State concedes that it should be deleted from the judgment. Therefore, we will modify the decree to remove it. As for the matter of attorney s fees, we find a reference in the final judgment to the assessment of a $1980 fee. No others were mentioned when guilt was adjudicated, sentence pronounced in open court, or the judgment was signed.1 Furthermore, the State concedes that the $1980 sum should also be redacted from the decree. Accordingly, we modify the final judgment by redacting from it the assessment of a $1000 fine and $1980 in attorney s fees and affirm the judgment as modified. Brian Quinn Chief Justice Do not publish. 1 We mention this because appellant seems to be referring to some other attorney s fees but does not really explain the matter. 2