Katelin Delgado-Hernandez v. The State of Texas Appeal from 222nd District Court of Deaf Smith County (memorandum opinion)

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In The Court of Appeals Seventh District of Texas at Amarillo No. 07-23-00138-CR KATELIN DELGADO-HERNANDEZ, APPELLANT V. THE STATE OF TEXAS, APPELLEE On Appeal from the 222nd District Court Deaf Smith County, Texas Trial Court No. CR-2021D-060, Honorable Roland D. Saul, Presiding August 28, 2023 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ. Katelin Hernandez appeals from her conviction for possessing a controlled substance with intent to deliver. Her sole issue involves the $180 of restitution ordered within the trial court’s judgment. Allegedly, that was impermissible because the trial court failed to impose the obligation in open court while sentencing her. See Sauceda v. State, 309 S.W.3d 767, 769 (Tex. App.—Amarillo 2010, pet. ref’d) (stating that restitution is an aspect of punishment, the assessment of which must be announced in open court when the defendant is sentenced). The State concedes the error. Error being conceded, we therefore modify the judgment and remove from it the obligation to pay $180 in restitution. As modified, the judgment is affirmed. Brian Quinn Chief Justice Do not publish. 2

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