Smith, Andre Lataun ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,264-01
EX PARTE ANDRE LATAUN SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 73534-A IN THE 300TH DISTRICT COURT
FROM BRAZORIA COUNTY
Per curiam. YEARY , J., filed a dissenting opinion in which KELLER , P.J., and
WALKER and SLAUGHTER , JJ., joined.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and
sentenced to twenty-five years’ imprisonment. He did not appeal his conviction.
In a single ground, Applicant contends that trial counsel failed to advise him that he could
appeal the assessment of attorney’s fees in his case. See Mayer v. State, 309 S.W.3d 552, 557 (Tex.
Crim. App. 2010).
The trial court has recommended that we modify the judgment and delete the assessment of
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attorney’s fees. Relief is granted. The portion of the judgment assessing attorney’s fees in cause
number 73534 in the 300th District Court of Brazoria County is deleted.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–
Correctional Institutions Division and Pardons and Paroles Division.
Delivered: October 2, 2019
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