TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-06-00455-CR

Emanuel Aaron Padilla, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 57465, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Emanuel Aaron Padilla pleaded guilty to possessing over four grams of methamphetamine with intent to deliver and was placed on deferred adjudication community supervision. See Tex. Health & Safety Code Ann. § 481.112 (West 2003). The State subsequently moved to adjudicate, and at a hearing on the motion, appellant pleaded true to the State’s allegations. The district court adjudged him guilty and assessed punishment at fifteen years in prison and a $7,675 fine.

In his sole point of error, appellant urges that the trial court erred by placing in its judgment an order that appellant pay court costs, attorney fees, fines, and restitution as a condition of parole. The State concedes the error and agrees with appellant that the judgment should be reformed. The district court’s judgment is modified to reflect that the court recommends, rather than orders, that Padilla pay court costs, attorney fees, and the fine as a condition of parole. See Bray v. State, 179 S.W.3d 725, 728 (Tex. App.—Fort Worth 2005, no pet.). The court did not impose restitution.

As modified, the judgment of conviction is affirmed.

__________________________________________ G. Alan Waldrop, Justice Before Justices Patterson, Pemberton and Waldrop Modified and, as Modified, Affirmed Filed: February 2, 2007 Do Not Publish