MODIFY and AFFIRM; and Opinion Filed April 24, 2015.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00429-CR NATISHA MORGAN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F12-71566-K MEMORANDUM OPINION Before Justices Fillmore, Myers, and Evans Opinion by Justice Fillmore Natisha Morgan appeals the trial court’s judgment revoking her community supervision.

In a single issue, Morgan contends the trial court’s judgment should be modified to delete the imposition of a $3,000 fine. The State agrees the fine should be deleted from the judgment. We modify the trial court’s judgment revoking community supervision and affirm as modified.

Morgan waived a jury and pleaded guilty to arson of a habitation. See TEX. PENAL CODE ANN. § 28.02(a)(2) (West 2011). The trial court found Morgan guilty and assessed punishment at ten years’ imprisonment, probated for ten years. Although the plea agreement provided for a $3,000 fine, when pronouncing the sentence, the trial court did not orally pronounce a fine. The State later moved to revoke Morgan’s community supervision, alleging she violated a condition of her community supervision. Following a hearing at which Morgan pleaded true to the allegation, the trial court revoked Morgan’s community supervision and assessed punishment of five years’ imprisonment. No fine was pronounced at that time. The trial court’s judgment revoking community supervision, however, includes a $3,000 fine.

Where there is a conflict between the oral pronouncement of the sentence and the sentence in the written judgment, the oral pronouncement controls. Taylor v. State, 131 S.W.3d 497, 500 (Tex. Crim. App. 2004); Coffey v. State, 979 S.W.2d 326, 329 (Tex. Crim. App. 1998).

Because the $3,000 fine was never orally pronounced, it is not properly included in the trial court’s judgment. We sustain Morgan’s sole issue. We modify the judgment revoking community supervision to delete the fine. See TEX. R. APP. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27–28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529–30 (Tex. App.—Dallas 1991, pet. ref'd).

As modified, we affirm the trial court’s judgment revoking community supervision.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

Do Not Publish TEX. R. APP. P. 47 140429F.U05

-2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT

NATISHA MORGAN, Appellant Appeal from the Criminal District Court No. 4 of Dallas County, Texas (Tr.Ct.No. No. 05-14-00429-CR V. F12-71566-K).

Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Justices Myers and Evans participating.

Based on the Court’s opinion of this date, the trial court’s judgment revoking community supervision is MODIFIED as follows: The section entitled “Fine” is modified to show “None.”

As modified, we AFFIRM the trial court’s judgment revoking community supervision.

Judgment entered April 24, 2015.

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