620 S.W.3d 129
Tex. Crim. App.2021Background
- Appellant (Dulin) was convicted of multiple offenses; judgments entered June 19, 2018.
- Clerk’s bills of cost for two judgments each included $25 in "time payment fees."
- Dulin filed a motion for new trial (July 5, 2018) and notices of appeal (July 13, 2018).
- The Third Court of Appeals deleted $22.50 from each judgment under Salinas v. State; the State sought discretionary review, arguing the time-payment fees were prematurely assessed.
- The Court of Criminal Appeals held that the pendency of an appeal suspends the obligation to pay fines, costs, and restitution and therefore tolls the 31-day period triggering the time payment fee; the fees were struck without prejudice and the case was remanded.
Issues
| Issue | State's Argument | Dulin's Argument | Held |
|---|---|---|---|
| Whether the "time payment fee" was prematurely assessed and whether appeal suspends the duty to pay (tolls the 31-day clock) | Time-payment fee was assessable at judgment and should stand; assessment at judgment was proper | Appeal suspends the duty to pay; fee triggered only after finality, so assessment while appeal pending was premature | Appeal suspends the obligation to pay monetary sanctions and therefore suspends the running of the 31-day period for the time-payment fee; the fees were struck without prejudice (may be reimposed if unpaid 30 days after appellate mandate) |
Key Cases Cited
- Salinas v. State, 523 S.W.3d 103 (Tex. Crim. App. 2017) (separation-of-powers challenge to certain court costs relied on by the court of appeals)
- Fouke v. State, 529 S.W.2d 772 (Tex. Crim. App. 1975) (voluntary payment of monetary judgment while appeal pending can moot the appeal)
- Cody v. State, 548 S.W.2d 401 (Tex. Crim. App. 1977) (payment compelled by order of commitment is involuntary and does not moot appeal)
- Vargas v. State, 659 S.W.2d 422 (Tex. Crim. App. 1983) (death during appeal requires permanent abatement and prevents assessment of costs against estate)
- State v. Stevenson, 958 S.W.2d 824 (Tex. Crim. App. 1997) (involuntariness principle cited regarding coerced compliance)