James Craig Gonzales Senior v. the State of Texas ( 2023 )

Affirmed as Modified and Memorandum Opinion filed June 6, 2023
In The
Fourteenth Court of Appeals
NO. 14-22-00146-CR
JAMES CRAIG GONZALES SENIOR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 155th District Court
Austin County, Texas
Trial Court Cause No. 2020R-0138
MEMORANDUM OPINION
Both appellant and the State agree that the trial court erred in ordering
appellant James Craig Gonzales Senior to “repay court-appointed attorney’s fees
after determining he was indigent.” The trial court assessed $400.00 in court
appointed attorney’s fees and ordered appellant to pay such fees.
“A defendant who is determined by the court to be indigent is presumed to
remain indigent for the remainder of the proceedings in the case unless a material
change in the defendant’s financial circumstances occurs.” Tex. Code Crim. Pro.
art. 26.04(p). Article 26.05 of the Code of Criminal Procedure provides that “if the
judge determines that a defendant has financial resources that enable the defendant
to offset in part or in whole the costs of the legal services provided to the defendant
. . . the judge shall order the defendant to pay . . . as a reimbursement fee the
amount that the judge finds the defendant is able to pay.” Tex. Code Crim. Pro.
art. 26.05(g). A trial court errs in ordering reimbursement of appointed attorney
fees “[i]n the absence of evidence to demonstrate appellant’s financial resources to
offset the costs of the legal services.” Mayer v. State, 309 S.W.3d 552, 553 (Tex.
Crim. App. 2010) (quotation omitted).
Here, the trial court determined that appellant was indigent and appointed
counsel. A jury found appellant guilty of aggravated assault. The trial court
rendered judgment ordering appellant to pay $400.00 in court appointed attorney’s
fees. There is no evidence in the record to support any change in appellant’s
financial resources. See Tex. Code Crim. Pro. arts. 26.04(p), 26.05(g); see also
Mayer, 309 S.W.3d at 553, 557. We sustain appellant’s sole issue on appeal.
We modify the trial court’s judgment to delete that portion ordering
appellant to pay “$400.00 COURT APPOINTED ATTORNEY’S FEES.” See id.We further modify the Certified Bill of Costs to delete “Ct. Appt. Atty. Fees
$400.00.” We affirm the judgment as modified.
/s/ Ken Wise
Justice
Panel consists of Justices Wise, Zimmerer, and Wilson.
Do Not Publish — TEX. R. APP. P. 47.2(b).
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