Kevin Lamont Garden v. The State of Texas

Summary

Kevin Lamont Garden appealed the adjudication of his guilt for aggravated robbery with a deadly weapon, arguing that the $2,500 fine in the written judgment should be deleted because the trial court did not orally pronounce a fine. The Court of Appeals for the Fifth District of Texas sustained the issue, modified the judgment to show no fine, and affirmed as modified.

Holdings

1. When the oral pronouncement of sentence differs from the written judgment, the oral pronouncement controls; therefore, the $2,500 fine had to be deleted from the written judgment adjudicating guilt.

Questions Presented

1. Whether the written judgment adjudicating guilt could include a $2,500 fine that the trial court did not orally pronounce.

Disposition

affirmed