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Brian Quinn Chief Justice Do not publish.