Fredrichee Douglas Smith v. State, 14-11-00839-CR

Appellant Smith challenged court-cost judgments in three Harris County cases and the court initially deleted the costs on original submission.
The Court of Criminal Appeals vacated and remanded for reconsideration in light of Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014).
Supplemental clerk’s records show bills of costs: $490 for two trials (1197969, 1197970) and $590 for trial 1208812.
On remand, the State requested reform to $634, but bills show $490 for two trials and $590 for the third; the record substantiates $490 for 1197969 and 1197970.
The appellate court held it may modify a judgment to reflect the record when data are available, per Nolan v. State, 39 S.W.3d 697, and Tex. R. App. P. 43.2(b).
The court affirmed the judgments for 1197969 and 1197970 and reformed 1208812 to reflect $590; as modified, all judgments are affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is a basis in the record for court costs in 1197969 and 1197970	Smith contends costs lack substantiation in the record.	State argues costs were properly evidenced by the cost bills.	Costs supported; judgments affirmed for 1197969 and 1197970
Whether the 1208812 costs were correctly stated in the judgment	Smith asserts the amount in the judgment does not match the record.	State maintains the record shows $590 as billed.	Reform the 1208812 judgment to reflect $590 as the basis in the record
Whether the court may modify the judgment to reflect the correct costs after remand	Smith argues no modification beyond subtraction is permissible.	State relies on Nolan and Rule 43.2(b) authorizing correction to reflect the record.	Appellate court may modify to reflect the record when data exist
What is the final disposition of all three cases after modification	Remand requires consistent treatment of costs across cases.	Consistent application of costs per record; some affirmations despite modifications.	All three judgments, as modified, affirmatively resolved with 1197969/1197970 $490? (note: see final disposition) and 1208812 $590

Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (determines standard for reviewing court-costs on appeal; focus on basis in record, not sufficiency of evidence)
Nolan v. State, 39 S.W.3d 697 (Tex. App.—Houston [1st Dist.] 2001) (allows modification of judgments to reflect the record when data are available; Rule 43.2(b))
Smith v. State, 463 S.W.3d 890 (Tex. Crim. App. 2015) (remand context on remand from earlier vacatur; informs Johnson framework)