Jan Antonio Espino v. the State of Texas
12-24-00047-CR
| Tex. App. | Aug 21, 2024Background
- Jan Antonio Espino was convicted of three counts of aggravated assault with a deadly weapon in Van Zandt County, Texas.
- Espino entered open guilty pleas in all three cases during one plea proceeding.
- The trial court sentenced Espino to concurrent prison terms: five years for two counts and fifteen years with a $10,000 fine for the third count.
- Court costs and fees of $325 each were assessed in all three cases.
- Espino appealed, arguing that the court improperly imposed duplicative court costs in two of the cases arising from the same plea proceeding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court costs and fees were improperly duplicated in multiple convictions arising from a single criminal proceeding | Espino argued only one set of court costs should be imposed because all offenses were addressed in a single plea hearing, per Texas law. | The State did not provide a separate position in the appellate decision. | The Court held in Espino’s favor, modifying the judgments to remove duplicate court costs in the two later-numbered cases. |
Key Cases Cited
- None with official reporter citations were referenced in this opinion; all cited cases were from Texas appellate courts without official reporter citations.