Opinion
07-23-00086-CR
08-25-2023
GLENN VON WESTMORELAND, APPELLANT v. THE STATE OF TEXAS, APPELLEE
Do not publish.
On Appeal from the 47th District Court Randall County, Texas Trial Court No. 30977A, Honorable Dan L. Schaap, Presiding
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
MEMORANDUM OPINION
PER CURIAM
Appellant, Glenn Von Westmoreland, entered an open plea of guilty to the charge of aggravated robbery with a deadly weapon. Punishment was tried to the court which sentenced Appellant to thirty-five years of confinement in prison. The trial court's judgment mandated repayment of court costs and fees according to the clerk's bill of costs.
On appeal, Appellant complains of the trial court's judgment ordering payment of fees and costs. He prays that "the Court modify/reform the Judgment in the instant case to delete any reference to fees and/or costs." On August 23, 2023, the State filed a letter stating it "does not oppose the relief sought by Appellant, modification of the judgment to remove the fees and costs assessed by the trial court."
Because this case concerns a single issue, the requested disposition of which is unopposed, we have suspended the notice requirement of Appellate Rule 39.8. See TEX. R. APP. P 39.8 AND 2 (ALLOWING SUSPENSION OF RULES TO EXPEDITE A DECISION).
Given the particular positions taken by the parties in this case, we modify the portion of the judgment to remove any obligation by Appellant to pay court costs and fees that are listed in the clerk's bill of costs. In all other regards, we affirm the judgment.