Jorge Luis Ramirez v. State
13-15-00220-CR
| Tex. App. | Aug 11, 2015Background
- Jorge Ramirez pled guilty to burglary (plea bargain: 2 years suspended, 4 years community supervision) and later admitted violation at a revocation hearing.
- After a 2015 arrest in Baldwin County, Alabama, Live Oak County hired a private company (United States Prisoner Transport Service) to bring Ramirez back; invoice showed $1,630 for transport.
- The trial court revoked Ramirez’s probation, sentenced him to 180 days in state jail (credit for time served), imposed the original $1,000 fine, and assessed total court costs of $2,392.25 (including the $1,630 transport fee).
- Ramirez moved for a new trial limited to court costs, arguing no statute authorizes assessing the county’s actual private-transport expense and that the statute mandates a mileage-based calculation (29¢/mile); the recorded roundtrip distance implied $410.06 allowable transport cost.
- The trial court denied the motion for new trial; Ramirez appealed seeking reformation of court costs to reflect only statutorily authorized amounts.
Issues
| Issue | Plaintiff's Argument (Ramirez) | Defendant's Argument (State) | Held (trial court) |
|---|---|---|---|
| Whether the court may assess as court costs the county’s actual expense for a private prisoner transport service (extradition) | Statute (Art. 102.011) limits transport costs to a mileage formula; the county cannot recover the private carrier’s invoice as court costs | County can recover transport-related costs it incurred (implicitly argued by admitting invoice and seeking assessment) | Trial court assessed the full private-transport invoice ($1,630) as a court cost and denied Ramirez’s motion to correct costs |
| Whether the assessed transport charge could be characterized as restitution or otherwise recoverable outside Art. 102.011 | Not restitution (restitution pays victims), and Art. 102.011 is the exclusive statutory authorization for such fees, so assessment was unauthorized | County treated amount as reimbursement to the sheriff’s office (not restitution); sought to include it in court costs | Trial court did not treat the amount as restitution; it was included in the bill of costs and upheld at the motion-for-new-trial hearing |
Key Cases Cited
- Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (only statutorily authorized court costs may be assessed)
- Camacho v. Samaniego, 831 S.W.2d 804 (Tex. 1992) (sheriff may collect only fees enumerated in the Code of Criminal Procedure)
- Habib v. State, 431 S.W.3d 737 (Tex. App.—Amarillo 2014) (use of mileage calculations under Art. 102.011 to determine permissible transport costs)
