Alexis Marie Ireland v. State, 03-14-00615-CR

Appellant Alexis Marie Ireland pled guilty to burglary of a habitation and was sentenced to 180 days in state jail.
The trial court’s judgment imposed $251.00 in court costs and no restitution.
The clerk’s bill of costs itemizes a $2 "Administrative Transaction Fee" and a $5 "State Elect Filing Fee—Crimi."
The bill shows all costs as unpaid and the record contains no evidence an officer attempted to collect any fines, fees, restitution, or other costs.
No affidavit to support a restitution lien under Article 42.22 appears in the record, and no restitution was ordered.
Appellant asks the court to modify the judgment by deleting the $2 and $5 fees for lack of statutory or factual basis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the $2 Administrative Transaction Fee is properly assessed	The $2 fee is unauthorized because Art. 102.072 permits it only when an officer has made a transaction to collect fines/fees and there is no evidence any collection attempt occurred	State not in record; likely would argue statutory authorization for the fee or that the bill of costs suffices as a basis	No appellate decision in this brief; appellant requests deletion of the $2 fee for lack of factual predicate
Whether the $5 "State Elect Filing Fee—Crimi" is properly assessed	The $5 fee lacks statutory and factual basis: if based on Gov’t Code §103.024/Art. 42.22 it applies only to filing a restitution lien (none here) and requires an affidavit (none in record)	State not in record; likely would argue a statutory basis or clerical/instrumental support for the fee	No appellate decision in this brief; appellant requests deletion of the $5 fee for lack of statutory and factual predicate

Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (appellate review of assessed court costs requires a statutory basis and factual predicate; courts review whether a "basis for the cost" exists rather than applying Jackson sufficiency principles)