Kristie Dawn Thomas v. the State of Texas, 06-21-00036-CR

Kristie Dawn Thomas originally received deferred adjudication for unauthorized use of a motor vehicle; original plea required a $300 fine and $238 in court costs, and did not assess attorney fees.
After multiple motions to adjudicate, the deferred-adjudication terms were modified to require payment of attorney fees; the trial court assessed $911.75 in attorney fees in the judgment placing her on community supervision following a January 7, 2021 adjudication.
Thomas pled true to the State’s allegations, was adjudicated guilty, sentenced to ten years (suspended) and placed on community supervision for five years with payment of fines, costs, and attorney fees as conditions; she did not appeal that judgment.
After subsequent violations, the court revoked supervision, sentenced Thomas to ten years’ imprisonment, and ordered $1,731.75 in court costs (including $918.75 for court-appointed attorneys).
On appeal Thomas argued the attorney fees were improper because she was indigent; the court held that challenge was forfeited because she failed to timely appeal the earlier judgment imposing the fees.
The Court modified the judgment and bill of costs to (1) correct the attorney-fee assessment to $911.75, (2) credit payments so outstanding court costs are $871.75, and (3) clarify the offense as a state-jail felony with punishment enhancements found true; the judgment was affirmed as modified.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Assessment of attorney fees against an indigent defendant at revocation	Thomas: assessment of $918.75 (or generally attorney fees) was improper because she is indigent	State: fees were imposed earlier as a condition of supervision and Thomas knew of them; she did not appeal that earlier order	Forfeited — complaint about attorney fees imposed in the earlier judgment is forfeited for failure to timely appeal (Wiley governs)
Correct amount of attorney fees listed in revocation judgment	Thomas: $918.75 is challenged as incorrect	State: acknowledges clerical/overassessment error; original assessment was $911.75	Modify judgment/bill of costs to reflect $911.75 in attorney fees
Amount of outstanding court costs owed at revocation	Thomas: outstanding costs should be $878.75 (credit for payments)	State: agrees court should give credit in interest of justice	Modify judgment/bill of costs to show outstanding court costs of $871.75 after correcting the $7 fee and other credits
Degree of offense / enhancement notation in judgment	Thomas: judgment wording suggests offense was enhanced to third-degree felony rather than a state-jail felony with enhancement; requests clarification	State: agrees modification is required to clarify how enhancements were treated	Modify judgment to show offense is a state-jail felony and add section showing Thomas pled true to punishment-enhancement allegations and they were found true

Wiley v. State, 410 S.W.3d 313 (Tex. Crim. App. 2013) (a defendant who knows of court-appointed attorney fees in a supervision judgment and fails to timely appeal forfeits that complaint on later revocation appeal)
Walker v. State, 557 S.W.3d 678 (Tex. App.—Texarkana 2018) (appellate courts may reform and affirm modified judgments to correct nonreversible errors)
Bigley v. State, 865 S.W.2d 26 (Tex. Crim. App. 1993) (appellate authority to modify judgments for accuracy)
Anthony v. State, 531 S.W.3d 739 (Tex. App.—Texarkana 2016) (discussing appellate modification authority and Rule 43.2(b))
Asberry v. State, 813 S.W.2d 526 (Tex. App.—Dallas 1991) (appellate power to correct judgments when record provides necessary data)