NO. 07-10-00475-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A APRIL 27, 2012

CHRISTOPHER RON AMASON, APPELLANT

v. THE STATE OF TEXAS, APPELLEE

FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY; NO. 19,383-C; HONORABLE ANA ESTEVEZ, JUDGE

Before CAMPBELL and HANCOCK and PIRTLE, JJ.

MEMORANDUM OPINION Appellant, Christopher Ron Amason, pleaded guilty to sexual assault 1 and was placed on deferred adjudication community s upervision for a period of two years. Subsequently, appellant was adj udicated guilty of the origin al offense and sentenced to serve twelve years confinement in the Instit utional Division of the Texas Department of Criminal Justice (ID-TDCJ). Appellant appeals, contendi ng that he is entitled to additional jail time credit against his sent ence and that the porti on of the judgment

1 See T EX

. P ENAL C ODE A NN . § 22.011(a)(1)(A) (West 2011).2 ordering him to pay attorney’s fees should be deleted. We will modify the judgment and affirm the judgment as modified.
Factual and Procedural Background
Appellant was indicted in the instant off ense on May 28, 2008. At the time of the indictment, appellant was on par ole from prison in Cause No . 13,450-A. Appellant had been convicted of the first offense in 2004 a nd paroled on November 1, 2006. On June 23, 2009, appellant entered a pl ea of guilty to the instant offense and was placed on two years deferred adjudication community supervi sion. That same day, appellant was returned to the Randall County De tention Center to await trans fer to ID-TDCJ. On July 28, 2009, appellant was returned to the ID-TDCJ as a result of his parole violation. Appellant was released from ID-TDCJ on March 26, 2010, after discharging his sentence in Cause No. 13,450-A.

The State filed a motion to adjudicate appellant on July 21, 2010. Subsequently, appellant was adjudicated guilty of the sexual assault in dictment and sentenced to serve 12 years confinement in the ID-TDCJ. After appellant was sentenced to his prison term, he filed a motion for Judgm ent Nunc Pro Tunc , wherein appellant contended that he was entitled to time credit from J une 23, 2009, the date appellant entered his original plea of guilty, to July 28, 2009, the date appellant was returned to ID-TDCJ to serve the balance of his sentence in Cause No. 13,450-A. The trial court denied the request for Judgment Nunc Pro Tunc . Appellant appeals, essentially arguing for additional time credit for the same reasons presented to the trial court. Additionally, appellant asks this court to e liminate the requirem ent that he repay the attorney’s fees3 paid to appointed counsel. We modify the j udgment by eliminating the requirement to repay the attorney’s fees and affirm the judgment of the trial court as modified.

Additional Time Credit
Appellant’s request for additional time credit is based upon language in the judgment adjudicating appellant guilty. That judgm ent contained the following statement: “The sentence shall run concurrently .” According to appel lant’s theory, this means that the sentence in t he instant case ran concurrently to the sentence imposed in Cause No. 13,450-A.
Appellant’s theory of the case is in error. Firs t, the judgment adjudicating appellant guilty was dated Oc tober 27, 2010, and filed on November 16, 2010. Appellant had discharged his sentence in Cause No. 13,450-A on March 26, 2010. Notwithstanding the prior discharge of t he sentence, appellant contends that the concurrent language in the j udgment adjudicating app ellant guilty relates back to when he was originally placed on deferred adjudication, June 23, 2009. This is so, according to appellant, because he was not released but was returned to the Randall County Detention Center. Under ap pellant’s theory, the language of The Texas Code of Criminal Procedure Ann. art. 42.03 § 2(a)(1) 2 controls the disposition of this matter. Art. 42.03 § 2(a)(1) states that “t he judge of the court in whic h the defendant is convicted shall give the defendant credi t on the defendant’s sentence for the time that the defendant has spent . . . in jail for the case, other than confinement served as a

2 Further reference to the Texas Code of Criminal Procedure will be by reference to “Art. ___” or “art. ___.”4 condition of community supervision, from the ti me of his arrest and confinement until his sentence by the trial court.” Ar t. 42.03 § 2(a) (West Supp. 2011).
We have visited this issue previously and are guided by our previous decision. In our previous decision, this Court determined that the controlling phras e for applying this section of the Code of Criminal Procedure was “in jail for the case.” See Collins v. State , 318 S.W.3d 471, 473 (Tex.App.—Amarillo 2010, pet. denied). 3 (emphasis added) When our holding in Collins is applied to the facts of this case, the following becomes apparent. The time appellant sp ent in jail after he entered hi s initial plea of guilty and was placed on deferred adjudication community supervision was related singularly to his parole revocation in Cause No. 13,450-A. Th is time had nothing to do with the case to which appellant is attempting to appl y it; appellant had not even been adjudicated guilty in the instant case at the time. Ac cordingly, appellant’s first two issues are overruled.
Attorney’s Fees

The State has conceded error in the as sessment of attorney’s fees in the judgment adjudicating appe llant guilty. See Art. 26.05(g) (West Supp. 2011). Accordingly, appellant’s requested relief is granted. The judgment is modified by striking the portion of the judgment requiring appe llant to pay $1,400.00 in appointed attorney’s fees.

3 Accord In re Morris , No. 11-10-00379-CR, 2011 Tex. App. LEXIS 1031, at *2 (Tex.App.—Eastland Feb. 11, 2011, orig. proceeding) (per curi am) (mem. op., not designated for publication).5 Conclusion
Having overruled appellant’s first two issues and ordered the judgment to be modified to delete the appointed attorney’s fees , we affirm the judgment of the trial court as modified. T EX

. R. A PP

. P. 43.2(b).

Mackey K. Hancock Justice Do not publish.