Alexis Marie Ireland v. State, 03-14-00616-CR

Appellant Alexis Ireland received 5 years deferred adjudication for forgery in 2012; the deferral order required $1,922.57 restitution ($35/month) and $246.00 court costs ($10/month).
The State filed three motions to adjudicate (May 2012, Feb 2013, Feb 2014) alleging varying delinquencies in restitution and costs; Ireland pled true to the first and third motions, not true to the second.
At the 2014 sentencing hearing (revocation), the court adjudicated guilt, sentenced Ireland to two years in state jail, orally said she would owe "whatever restitution remains unpaid of the original $19,232.57 [sic]," and ordered $572.00 in court costs in the written judgment; no restitution evidence was introduced at sentencing.
The clerk’s bill of costs (prepared after sentencing) reflects the full restitution and miscellaneous fees, including a $5 "State Elect Filing Fee—Crimi."
Appellant challenges (1) insufficiency of the factual basis for the restitution amount in the written judgment given the oral pronouncement and record showing partial payments, and (2) the accuracy/statutory basis and amount of assessed court costs, requesting vacatur and remand for hearings or alternative modification of the judgment.

Issue	Appellant's Argument	State's Argument	Held (Requested Relief)
Whether restitution amount in written judgment is supported by record after oral pronouncement that failed to specify amount	Ireland: oral pronouncement made restitution part of sentence but judge did not state amount; record does not conclusively show full $1,922.57 is still owed because prior motions and payments indicate partial payments	State: bill of costs and written judgment show full amount due (implicitly arguing amount is established)	Appellant asks court to vacate restitution and remand for new hearing; alternatively modify judgment to $1,712.57 based on delinquency alleged in third motion
Whether court costs in judgment are supported and statutorily authorized	Ireland: record suggests some payments were made (reducing amount owed); one assessed fee ($5 State Elect Filing Fee—Crimi) lacks statutory basis or factual predicate	State: written costs/bill of costs support assessment (implicit)	Appellant asks deletion of the $5 fee, vacatur/remand for hearing on court costs, or modification to $105 total costs

Burt v. State, 445 S.W.3d 752 (Tex. Crim. App. 2014) (when restitution was orally made part of sentence but amount is unclear, vacatur and remand for new restitution hearing may be required)
Weir v. State, 278 S.W.3d 364 (Tex. Crim. App. 2006) (restitution is punishment and part of sentence)
Ex parte Cavazos, 203 S.W.3d 333 (Tex. Crim. App. 2006) (restitution characterization as punitive and procedural consequences)
Cartwright v. State, 605 S.W.2d 287 (Tex. Crim. App. 1980) (due process requires evidence supporting restitution amount)
Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) (deferred adjudication order is set aside upon adjudication and sentencing)
Davis v. State, 368 S.W.2d 368 (Tex. Crim. App. 1963) (deferred adjudication does not constitute a sentence)
Alexander v. State, 301 S.W.3d 361 (Tex. App.—Fort Worth 2009) (oral pronouncement controls over written judgment for sentencing matters)
Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (appellate review of court costs examines statutory basis and supporting facts rather than traditional sufficiency-of-evidence rules)