Summary
The Sixth Court of Appeals of Texas at Texarkana held that a $50 fine included in the written judgment but not orally pronounced at sentencing had to be deleted. The court also modified the judgment to clarify that the second-degree felony conviction was enhanced to a first-degree felony and affirmed the judgment as modified.
Court
Court of Appeals for the Sixth Appellate District of Texas at Texarkana
Jurisdiction
Court of Appeals for the Sixth Appellate District of Texas at Texarkana
Decision date
April 17, 2026
Docket number
No. 06-25-00140-CR
Disposition
affirmed
Questions Presented
- Whether McCarty preserved for appellate review his challenge to the $50 fine that appeared in the written judgment but was not orally pronounced.
- Whether the written judgment could include a $50 fine that was not orally pronounced as part of the sentence.
- Whether the judgment should be modified to state that the second-degree felony conviction was enhanced to a first-degree felony.
Holdings
- McCarty was not required to object at trial to preserve his appellate challenge because the fine did not appear in the oral pronouncement and therefore there was nothing to object to when sentence was imposed.
- The $50 fine had to be deleted from the written judgment because the trial court did not orally assess it as part of McCarty's sentence.
- The judgment had to be modified to state that McCarty was convicted of a 'SECOND-DEGREE FELONY—ENHANCED TO FIRST DEGREE.'
Court Document
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