Shernon Coleman v. State ( 2012 )


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  •                                   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    Do not publish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]
    Coleman v. State                                                                   Page 2
    

Document Info

Docket Number: 10-11-00399-CR

Filed Date: 6/6/2012

Precedential Status: Precedential

Modified Date: 10/16/2015