Alberty v. State

OPINION

Opinion by

Justice Burgess

Isiaah Alberty pled guilty to the offense of driving while intoxicated (DWI), third or more. After the trial court found Alberty guilty of the offense, a bench trial on punishment resulted in findings of true to the State’s enhancement allegations and a sentence of thirty-five years’ imprisonment. The trial court’s judgment contains an assessment of $750.00 in attorney fees for Alberty’s court-appointed counsel, but also contains the statement “Attorney’s fees and court costs are waived due to defendant’s indigency.”

On appeal, Alberty argues that, during the…