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

Appellant Ireland pled guilty to forging a check and received five years’ deferred adjudication with restitution of $1,922.57 and court costs as conditions.
Deferred adjudication was later revoked; Ireland was sentenced to 2 years in State Jail with remaining restitution and costs to be paid.
Trial court’s judgment adjudicating guilt set out restitution as $1,922.57 and court costs as $572; order required payment of any remaining unpaid amounts.
Oral pronouncement included a misstatement of totals (restitution and costs) but the written judgment contained the correct amounts.
The State argues restitution had a sufficient factual basis and that court costs are statutorily mandated and need not be proven at trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient factual basis for restitution order?	Ireland contends restitution lacked basis in the record.	State asserts pre-sentence records show valid basis for $1,922.57 restitution.	Yes; there was a sufficient factual basis for the restitution amount.
Are statutorily mandated court costs properly included in the judgment even if not proven at trial?	Ireland argues costs require trial-proof and possible misstatement.	State maintains mandated costs are pre-set and need not be tied to trial evidence.	Yes; mandatory court costs may be included in the judgment without trial proof and the misstatement was harmless.

Campbell v. State, 5 S.W.3d 693 (Tex. Cr. App. 1999) (restitution must be just and based on evidence tying to victim's loss)
Cartwright v. State, 605 S.W.2d 287 (Tex. Cr. App. 1980) (abuse of discretion standard for restitution orders)
Gutierrez-Rodriguez v. State, 444 S.W.3d 21 (Tex. Cr. App. 2014) (evidence to support restitution may come from pre-sentence report; contract-like restitution rules)
Jones v. State, 713 S.W.2d 796 (Tex. App. Tyler 12th Dist. 1986) (pre-sentence materials may support restitution determinations)
Speth v. State, 6 S.W.3d 530 (Tex. Cr. App. 1999) (restitution and record can be based on prior proceedings when properly considered)
Weir v. State, 278 S.W.3d 364 (Tex. Cr. App. 2009) (statutory court costs need not be proven by trial; mandatory costs)
Johnson v. State, 423 S.W.3d 385 (Tex. Cr. App. 2014) (mandatory court costs are pre-determined and notice suffices)
Martin v. State, 405 S.W.3d 944 (Tex. App. Texarkana 6th Dist. 2013) (restitution and costs relate to conviction; ability to pay not required for mandatory costs)
Montgomery v. State, 810 S.W.2d 372 (Tex. Cr. App. 1991) (abuse of discretion standard and consistency with statutory duties)