Opinion
No. 06-20-00120-CR
03-19-2021
DARIN GLYN CRITES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 6th District Court Lamar County, Texas
Trial Court No. 27251 Before Morriss, C.J., Burgess and Stevens, JJ.
MEMORANDUM OPINION
While Darin Glyn Crites was on community supervision for an underlying offense, Crites pled true to several allegations in the State's motion to revoke his community supervision, and the trial court sentenced Crites to eight years' imprisonment and assessed court costs of $1,308.00.
Crites had been convicted by a Lamar County jury for evading arrest or detention with a motor vehicle, a third-degree felony. See TEX. PENAL CODE ANN. § 38.04(b)(2). Crites's trial to the bench on punishment had resulted in a sentence of ten years' imprisonment, suspended in favor of placing him on community supervision for five years. --------
In his sole point of error on appeal, Crites argues that the trial court's judgment should have assessed only $188.00 in court costs. He points out that the judgment placing him on community supervision set out $538.00 in courts costs and that we previously modified that judgment by deleting $350.00 from the assessment because it mistakenly included costs for Crites's court-appointed counsel. See Crites v. State, No. 06-18-00030-CR, 2018 WL 2708540, at *2 (Tex. App.—Texarkana June 6, 2018, no pet.) (mem. op., not designated for publication).
In response to Crites's appeal, the trial court sua sponte entered a judgment nunc pro tunc modifying the amount of court costs from $1,308.00 to $188.00. As a result, Crites has been afforded the relief requested. We overrule his point of error as moot.
We affirm the trial court's judgment.
Josh R. Morriss, III
Chief Justice Date Submitted: March 18, 2021
Date Decided: March 19, 2021 Do Not Publish