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Dale Dewayne Bullock v. State
13-16-00549-CR
| Tex. App. | Aug 3, 2017
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Background

  • Dale Dewayne Bullock was convicted by a jury of aggravated assault with a deadly weapon and sentenced to 20 years' imprisonment and a $6,500 fine.
  • The trial court's written judgment referenced Penal Code section 22.02 but omitted subsection (a)(2).
  • The judgment also assessed $264 in court costs; a bill of costs listed a $25 time-payment fee contingent on nonpayment within 31 days.
  • The record contains no evidence that Bullock paid any portion of the fines or costs within 31 days of judgment.
  • Bullock appealed, arguing (1) the $25 time-payment fee lacked a statutory basis at the time the judgment was signed, and (2) the judgment omitted the correct statutory subsection for the offense.
  • The State conceded the judgment should be reformed to cite section 22.02(a)(2); the court considered both issues on appeal.

Issues

Issue Bullock's Argument State's Argument Held
Whether the $25 time-payment fee was statutorily authorized Fee improperly imposed because 31-day triggering period had not yet elapsed when judgment was signed No payments appear in the record; the statutory 31-day period lapsed without payment, so fee is authorized Fee was properly assessed; not deleted
Whether the judgment must be reformed to show the correct statute Judgment omitted subsection (a)(2); should be modified to reflect the precise statute Agreed the judgment should be reformed to show section 22.02(a)(2) Court reformed the judgment to reflect section 22.02(a)(2)

Key Cases Cited

  • Houston v. State, 410 S.W.3d 475 (Tex. App.—Fort Worth 2013) (court costs are legislatively mandated obligations)
  • Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (appellate review asks whether there is a basis for assessed costs)
  • Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App. 1993) (appellate courts may reform incorrect judgments when required data are available)
Read the full case

Case Details

Case Name: Dale Dewayne Bullock v. State
Court Name: Court of Appeals of Texas
Date Published: Aug 3, 2017
Docket Number: 13-16-00549-CR
Court Abbreviation: Tex. App.