Eduardo Martinez v. State
2016 Tex. App. LEXIS 13347
Tex. App.2016Background
- Martinez pleaded guilty to aggravated assault with a deadly weapon causing serious bodily injury and received eight years of deferred adjudication, 300 hours of community service, and $11,000 restitution.
- The State filed multiple motions to adjudicate over several years; earlier motions were dismissed. In Nov. 2014 the State filed a fourth motion alleging seven supervision violations, including a new-law violation.
- At the adjudication hearing Martinez pled "not true" to the allegations; the trial court found he committed a new-law violation, granted the State’s motion, adjudicated his guilt, and sentenced him to 20 years’ confinement.
- The judgment assessed $549 in court costs, including a $325 sheriff’s fee composed of five $50 charges for serving capias and one $5 charge for arrest without a warrant (total $255 challenged).
- Martinez appealed solely arguing the record does not support $255 of the $325 sheriff’s fee; the State pointed to arrests, issued capias, and motions to adjudicate as the basis for those charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $255 of sheriff’s fees (five $50 capias charges and one $5 arrest charge) are supported | Martinez: record lacks support for those specific service/arrest charges | State: record shows issuance/serving of capiases tied to four motions to adjudicate and an arrest for the new-law violation, providing a basis | Court affirmed: costs upheld because record contains a basis for the charges and review asks whether a basis exists, not evidentiary sufficiency |
Key Cases Cited
- Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (standards for reviewing court-cost assessments: appellate review asks whether a basis exists for a cost rather than applying Jackson sufficiency)