Landers v. State
2013 Tex. Crim. App. LEXIS 985
| Tex. Crim. App. | 2013Background
- Appellant indicted for tampering with a witness; district attorney recused due to conflict; attorney pro tem appointed.
- Appellant convicted in open court; sentence: two years’ imprisonment, $10,000 fine; written judgment included $4,562.50 in costs handwritten with no itemization.
- Clerk’s Bill of Costs issued six days after sentencing itemized $3,718.50 for the pro tem attorney and $440 for investigative costs, and was not provided to appellant.
- No open-court pronouncement of these costs; appellant had no opportunity to object before appeal.
- Court held appellant could complain on appeal due to lack of opportunity to object; reversed Court of Appeals and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of error for post‑judgment costs | Appellant had no opportunity to object; error should be reviewable on appeal. | Rule 33.1 requires trial‑court objection to preserve error; Mendez controls. | Appellant may complain on appeal; not forfeited. |
Key Cases Cited
- Mendez v. State, 138 S.W.3d 334 (Tex.Cr.App.2004) (objection rule applies except for waivable/absolute requirements)
- Rickels v. State, 108 S.W.3d 900 (Tex.Crim.App.2003) (objection not forfeited when trial court action could not be objected to earlier)
- Idowu v. State, 73 S.W.3d 918 (Tex.Crim.App.2002) (no objection at punishment hearing typically leads to forfeiture)
- Cobb v. State, 95 S.W.3d 664 (Tex.App.-Houston [1st Dist.]2002) (no forfeiture when judgment defect arose after hearing)
- Burt v. State, 396 S.W.3d 574 (Tex.Cr.App.2013) (describes Rule 21.2 preservation framework)
- Martinez v. State, 91 S.W.3d 331 (Tex.Cr.App.2002) (preservation principles for appellate review)
- Saldano v. State, 70 S.W.3d 873 (Tex.Cr.App.2002) (preservation standards for error in criminal case)
- Hardeman v. State, 1 S.W.3d 689 (Tex.Crim.App.1999) (opportunity to object evidence in preservation analysis)
- Sessions v. State, 81 S.W.3d 424 (Tex.Crim.App.1917) (motion for new trial optional; relates to preservation)