Martinez v. State

OPINION

SEARS, Justice.

Appellant was found guilty by a jury of murder. The jury assessed punishment at 10 years probation and a seven hundred and fifty dollar fine, ($750.00), also probated. Appellant brings two points of error, both asking for reformation of the judgment. We affirm the judgment as reformed.

In his first point of error, Appellant maintains that the trial court erred in requiring that Appellant pay a fine as a condition of his probation, when the jury’s verdict clearly stated that the fine was to be probated and not paid. When the jury recommends that a fine be probated and not…