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