Shernon Coleman v. State

IN THE

TENTH COURT OF APPEALS

No. 10-11-00399-CR

SHERNON COLEMAN,

Appellant v.

THE STATE OF TEXAS,

Appellee

From the 54th District Court

McLennan County, Texas

Trial Court No. 2011-10-C2

MEMORANDUM OPINION

Shernon Coleman was convicted of the offense of possession of a prohibited substance in a correctional facility and was sentenced to fifteen years in prison based on an enhancement allegation. TEX. PEN. CODE ANN. § 38.11 (West 2011). Coleman’s sole issue complains that the evidence was insufficient for the trial court to have assessed attorney’s and investigator’s fees in the judgment. The State agrees that the evidence was insufficient in this regard. The trial court determined that Coleman was indigent during the proceedings and no evidence was presented of any change in that status. In accordance with the opinion of the Court of Criminal Appeals in Mayer v. State, 309 S.W.3d 552, 557 (Tex. Crim. App. 2010), we agree that the evidence was insufficient and the judgment should be modified to delete these assessments. Coleman’s sole issue is sustained.

Conclusion

We find that the trial court erred by assessing attorney’s fees and investigator’s fees and modify the judgment by deleting the award of attorney’s fees and investigator’s fees. As modified, the judgment of conviction is affirmed.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Modified, and as Modified, Affirmed

Opinion delivered and filed June 6, 2012

Do not publish [CR25]

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