From Casetext: Smarter Legal Research

Padilla v. State

Court of Appeals of Texas, Third District, Austin
Feb 2, 2007
No. 03-06-00455-CR (Tex. App. Feb. 2, 2007)

Opinion

No. 03-06-00455-CR.

Filed: February 2, 2007. DO NOT PUBLISH.

Appeal from the District Court of Bell County, 27th Judical District, No. 57465, Honorable MARTHA J. TRUDO, Judge presiding.

Before Justices PATTERSON, PEMBERTON and WALDROP Modified and, as Modified, Affirmed.


MEMORANDUM OPINION


Appellant Emanuel Aaron Padilla pleaded guilty to possessing over four grams of methamphetamine with intent to deliver and was placed on deferred adjudication community supervision. See Tex. Health Safety Code Ann. § 481.112 (West 2003). The State subsequently moved to adjudicate, and at a hearing on the motion, appellant pleaded true to the State's allegations. The district court adjudged him guilty and assessed punishment at fifteen years in prison and a $7,675 fine. In his sole point of error, appellant urges that the trial court erred by placing in its judgment an order that appellant pay court costs, attorney fees, fines, and restitution as a condition of parole. The State concedes the error and agrees with appellant that the judgment should be reformed. The district court's judgment is modified to reflect that the court recommends, rather than orders, that Padilla pay court costs, attorney fees, and the fine as a condition of parole. See Bray v. State, 179 S.W.3d 725, 728 (Tex.App.-Fort Worth 2005, no pet.). The court did not impose restitution. As modified, the judgment of conviction is affirmed.


Summaries of

Padilla v. State

Court of Appeals of Texas, Third District, Austin
Feb 2, 2007
No. 03-06-00455-CR (Tex. App. Feb. 2, 2007)
Case details for

Padilla v. State

Case Details

Full title:EMANUEL AARON PADILLA, Appellant v. The STATE of TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Feb 2, 2007

Citations

No. 03-06-00455-CR (Tex. App. Feb. 2, 2007)