Dywane Jermain Morgan v. State
06-17-00165-CR
| Tex. App. | Dec 5, 2017Background
- Dwyane Jermain Morgan was indicted for aggravated assault (second-degree felony) and placed on 10 years deferred community supervision with a $500 fine and court costs.
- The State moved to proceed with adjudication; after a July 27, 2017 hearing the trial court found most probation-violation allegations true and adjudicated guilt, sentencing Morgan to 20 years' TDCJ confinement.
- The trial court's Judgment Adjudicating Guilt listed $5,767.00 in court costs (separate from the $500 fine) and included $2,300.00 labeled "Court Appointed Attorney" and $2,925.00 in charges for a court-ordered Article 46B psychologist.
- Morgan appealed, challenging (1) sufficiency of the basis for $5,767.00 in court costs and (2) assessment of the $2,300 attorney fee given his indigency (while disputing the psychologist charges).
- The State conceded attorney-fee assessment error (no material change in indigency) but argued the total court-cost figure was supported by the bill of costs and that the Article 46B psychologist fees were legislatively mandated and properly assessed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of basis for $5,767 in court costs | Morgan: trial record lacks evidentiary support for each assessed cost | State: bill of costs is a public fee record; Art. 103.009(c) makes entries prima facie correct; review asks for a basis not Jackson evidentiary sufficiency | Court: State wins — bill of costs + statutory prima facie rule provide sufficient basis; appellant's Jackson standard inapplicable |
| Assessment of $2,300 attorney's fees against an indigent defendant | Morgan: found indigent; no subsequent finding of material financial change, so fees cannot be imposed | State: court may order payment if defendant has resources, but concedes error here given no material-change finding | Court: attorney-fee assessment must be deleted (State concedes error) |
| Assessment of $2,925 Article 46B psychologist fees | Morgan: challenged ability-to-pay-based assessment | State: psychologist fees are legislatively mandated by Art. 46B.027 and allowable per Art. 103.002; payment demand occurred after proceedings ended | Court: psychologist fees properly assessed as legislatively-mandated costs despite indigency |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (evidentiary-sufficiency standard for criminal convictions)
- Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (review of assessed costs requires a basis, not full evidentiary sufficiency)
- Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (sufficiency reviewed in light most favorable to verdict)
- Cates v. State, 402 S.W.3d 250 (Tex. Crim. App. 2013) (indigency presumed to continue absent material financial change)
- Martin v. State, 405 S.W.3d 944 (Tex. App.-Texarkana 2013) (legislatively-mandated costs may be ordered after proceedings conclude)
- Owen v. State, 352 S.W.3d 542 (Tex. App.-Amarillo 2011) (bill of costs and clerk fee-record principles)