Jeremiah Joe Anthony Villareal v. the State of Texas, 04-24-00323-CR

Jeremiah Joe Anthony Villareal pled guilty to one count of murder in Bexar County, Texas.
The trial court sentenced him to forty years’ confinement, imposed $390 in court costs, and ordered $8,802 in restitution.
No fine was imposed, and punishment was determined by the court following an open court plea.
On appeal, Villareal argued that the trial court erred by not inquiring on the record about his ability to pay court costs and restitution.
The State responded that Villareal failed to properly preserve this issue for appeal.
The appellate court evaluated whether the trial court’s omission required reversal and a new punishment hearing.

Issue	Villareal's Argument	State's Argument	Held
Whether the trial court erred by not inquiring on the record about Villareal’s ability to pay court costs and restitution	The trial court was required to inquire on the record about Appellant’s ability to pay both court costs and restitution and its failure entitles him to a new punishment hearing	The ability-to-pay inquiry is not required for restitution, and for court costs Villareal failed to preserve error by not objecting or raising the issue in trial court	Error not preserved for court costs; no inquiry required for restitution; appeal denied

Garcia v. State, 663 S.W.3d 92 (Tex. Crim. App. 2022) (error preservation requirements in Texas criminal cases)
Cruz v. State, 698 S.W.3d 265 (Tex. Crim. App. 2024) (ability-to-pay inquiry is a forfeitable right, not a fundamental requirement)
Proenza v. State, 541 S.W.3d 786 (Tex. Crim. App. 2017) (preservation turns on the nature of the error)