DO NOT PUBLISH
JAMES T. WORTHEN, Chief Justice.
Aaron Joseph Diamond appeals his conviction for possession of a controlled substance. In one issue, he contends the evidence is insufficient to support the trial court's order of court costs. We sustain Appellant's issue, modify the judgment, and affirm as modified.
On May 7, 2015, Appellant pleaded "guilty" to possession of a controlled substance, a second degree felony. He was sentenced to imprisonment for ten years, but the trial court suspended imposition of his sentence and placed him on community supervision for a period of eight years. Subsequently, the State filed a motion to revoke his community supervision alleging that Appellant violated the terms and conditions of community supervision. Appellant pleaded "true" to the allegations and, on August 26, 2016, the trial court revoked Appellant's community supervision and imposed a sentence of imprisonment for six years. The judgment adjudicating guilt assessed $334 in court costs. The bill of costs shows a remaining balance of $319 in court costs. This appeal followed.
In Appellant's sole issue, he argues that the evidence is insufficient to support the assessment of court costs in the amount of $334 because the bill of costs reflects a remaining balance of $319. The State concedes error.
Standard of Review and Applicable Law
A challenge to the sufficiency of the evidence supporting court costs is reviewable on direct appeal in a criminal case. See
The judgment adjudicating guilt assesses $334 in court costs and includes a document identified as "Attachment A Order to Withdraw Funds." Attachment A states that Appellant has incurred "[c]ourt costs, fees and/or fines and/or restitution" in the amount of $334. However, the bill of costs reflects a remaining balance of $319.
We have reviewed the items listed in the bill of costs, and all listed costs and fees are authorized by statute.
We have the authority to modify a judgment to make the record speak the truth when we have the necessary data and information to do so.
Having sustained Appellant's sole issue, we
THIS CAUSE came on to be heard on the appellate record and the briefs filed herein; and the same being inspected, it is the opinion of the Court that the trial court's judgment below should be
It is therefore ORDERED, ADJUDGED and DECREED that the trial court's judgment and attached order to withdraw funds below be