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Paul David Wolfe v. the State of Texas

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

CONCURRING AND DISSENTING OPINION

The majority’s opinion is correct in all respects but one. I join in the opinion’s discussion and action with regard to the $400 attorney’s fees assessed against appellant Paul David Wolfe after the January 2008 modification of his terms of community supervision and the $825 attorney’s fees assessed him after the April 2010 revocation of his community supervision, adjudication of guilt and sentencing. The majority properly modifies the trial court’s judgment to eliminate those fees, because the record contains no evidence appellant had the ability to offset the fees in whole or in part. Tex. Code Crim. Proc. Ann. art. 26.05(g) (West Supp. 2011); Mayer v. State, 309 S.W.3d 552, 556 (Tex.Crim.App. 2010). I agree entirely also with the majority’s discussion and disposition of appellant’s fourth issue, concerning the sheriff’s fees.

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