Aldana, Jose L.
PD-0725-15
| Tex. App. | Jul 17, 2015Background
- Three judgments convict Aldana on three indecency counts each with a $3,000 fine; sentences run concurrently.
- Jury recommended 16-year sentences and $3,000 fines on each count; trial court ordered concurrent sentences.
- El Paso Court of Appeals deleted two $3,000 fines and related parole-cost language, reforming the judgments.
- State challenged the appellate reform via petition for discretionary review.
- Appellant argues concurrent fines must also run concurrently and seeks further reform of costs and parole condition issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should defendant have objected in trial court to concurrent fines being improper and deleted from two judgments? | Aldana argues the three $3,000 fines should all stand. | State contends Aldana should have objected to potential harm; appellate error not preserving issue. | Forfeiture; lack of objection bars relief; no reversible error on this point. |
| Is reformation to delete fines appropriate where judgments on their face are correct and align with oral pronouncement? | Aldana asserts the appellate court correctly reformed to avoid confusion and costs. | State argues no error to reform since written judgments matched oral sentence. | No sustained error to reform; the appellate reform was improper. |
| Did the Court of Appeals’ handling amount to a backdoor civil-law matter beyond its jurisdiction? | Aldana claims the court improperly treated civil withdrawal/cost issues. | State argues withdrawal orders are civil and not criminal matters for appeal. | Withdrawal orders are civil; appellate court lacked jurisdiction to resolve them in criminal appeal. |
Key Cases Cited
- State v. Crook, 248 S.W.3d 172 (Tex. Crim. App. 2008) (fines in concurrent sentences run concurrently)
- Wiedenfeld v. State, 450 S.W.3d 905 (Tex. App.—San Antonio 2014) (reformation when a later judgment over- or under-states fines)
- Harrell v. State, 286 S.W.3d 315 (Tex. 2009) (withdrawal of costs; costs collection separate from conviction)
- In re Johnson v. Tenth Judicial District Court of Appeals, 280 S.W.3d 866 (Tex. Crim. App. 2008) (inmate trust fund withdrawal orders not criminal appeal issues)
- Latson v. State, 440 S.W.3d 119 (Tex. App.—Houston [14th Dist.] 2013) (defendant must raise objections in trial court)
- Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App. 1993) (reformation requires error; void judgments)
- Habib v. State, 431 S.W.3d 737 (Tex. App.—Amarillo 2014) (dual fines/bills of costs; improper cumulation)
- Fullbright v. State, 818 S.W.2d 808 (Tex. Crim. App. 1991) (void or illegal sentences may be raised anytime)
