Juan Salinas v. State
12-17-00239-CR
| Tex. App. | Jan 3, 2018Background
- Juan Salinas pleaded guilty pursuant to a plea agreement and received deferred adjudication community supervision (first order: four years).
- The State later moved to adjudicate; Salinas pleaded true to violations, the trial court revoked supervision and sentenced him to 12 months’ imprisonment.
- The deferred-adjudication order had required Salinas to pay $708.00 in court costs.
- Salinas challenged some assessed court costs on constitutional grounds on appeal, relying on the Texas Court of Criminal Appeals’ decision in Salinas v. State (addressing portions of the consolidated fee statute).
- The State argued Salinas waived his right to challenge those costs by failing to timely appeal the original deferred-adjudication order and by expressly waiving appeal when placed on community supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether certain court costs assessed against Salinas are unconstitutional and must be removed or reduced | Salinas argued some portions of the consolidated court-cost fee are unconstitutional (as addressed in Salinas v. State) and should be modified/removed | The State argued Salinas waived his right to challenge those costs by failing to timely appeal the original deferred-adjudication order and by expressly waiving appeal | Court held Salinas waived his challenge to the costs assessed in the deferred-adjudication order; appellate court affirmed the judgment |
Key Cases Cited
- Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (describing court costs as nonpunitive recoupment of judicial expenses)
- Salinas v. State, 523 S.W.3d 103 (Tex. Crim. App. 2017) (held parts of the consolidated fee statute unconstitutional and ordered pro rata reduction for affected accounts)
- Perez v. State, 424 S.W.3d 81 (Tex. Crim. App. 2014) (failure to timely appeal deferred-adjudication order forfeits later challenge to costs assessed there)
- Wiley v. State, 410 S.W.3d 313 (Tex. Crim. App. 2013) (challenges to costs imposed in a deferred-adjudication order are forfeited if not appealed at the time)
- Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (same principle regarding forfeiture of appellate review for costs when no timely direct appeal is filed)