Homer D. Lee, Jr. v. State ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-07-257 CR ____________________

HOMER D. LEE, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 85047

---

MEMORANDUM OPINION

Homer D. Lee, Jr. appeals from the trial court's judgment ordering him to pay $10,560.34 that the trial court assessed as fees when it revoked his deferred-adjudication community supervision and sentenced him to twenty-five years' confinement. Lee v. State, No. 09-07-257 CR, 2007 WL 3101905, at *1 (Tex. App.-Beaumont October 24, 2007, no pet.) (not designated for publication).

On October 24, 2007, we issued an opinion sustaining one of Lee's issues to the extent it complained that the trial court abused its discretion by entering a judgment for fees without a sufficient factual basis in the record. Id. at *2. We did not consider Lee's other issues because doing so would have given him no additional relief. Id. We then abated the appeal, set aside the fees in the amount of $10,560.34, and remanded the case to the trial court for a hearing to determine the proper fees to assess in the judgment. Id.

On November 16, 2007, Lee, his attorney, and the State's attorney entered into a written stipulation that the amount of restitution Lee owed was $6,150.34 and that the amount of court costs he owed was $549.25 for a total of $6,699.59. The trial court approved the stipulations in writing and also announced its approval on the record. After the supplemental record was filed, we reinstated this appeal.

Accordingly, we modify the trial court's judgment dated March 26, 2007, by deleting the sum of $10,560.34 owed as "Administrative Financial Obligations" and by adding as "Restitution" the sum of $6,150.34. See Tex. R. App. P. 43.2(b). As modified, we affirm the judgment.

AFFIRMED.

____________________________

HOLLIS HORTON

Justice

Submitted on January 31, 2008

Opinion Delivered June 25, 2008

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.