Lechristopher Charles Allen v. State
426 S.W.3d 253
| Tex. App. | 2013Background
- Allen pled guilty to aggravated robbery with a deadly weapon finding; deferred adjudication to ten years’ community supervision.
- State moved to proceed to final adjudication in 2012 for alleged treatment failures; Allen pled true and was found guilty, receiving 25 years’ imprisonment.
- Judgment ordered $495.00 in court costs against Allen while no bill of costs had been prepared at that time.
- Record later supplemented with a bill of costs showing $195.00; State conceded $300.00 overstatement and urged modification.
- Appellant argued error preservation and insufficiency of evidence to support the costs; trial court findings on indigency and withdrawal orders are addressed.
- Court modified judgment to require payment of $195.00 in court costs and affirmed as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of error on costs before a bill of costs | Allen | Allen | Error not preserved |
| Sufficiency/amount of court costs when bill of costs is supplemented | Allen challenges $495. | State argues $195.00 is correct per bill of costs. | Judgment modified to $195.00; affirmed as modified |
Key Cases Cited
- Armstrong v. State, 340 S.W.3d 759 (Tex. Crim. App. 2011) (court costs not payable until bill produced; costs not required to be in judgment)
- Owen v. State, 352 S.W.3d 542 (Tex. App.—Amarillo 2011) (issues of whether costs are payable irrespective of incorporation into judgment)
- Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (sufficiency of evidence for financial resources not waived on appeal)
- Johnson v. State, 389 S.W.3d 513 (Tex. App.—Houston [14th Dist.] 2012) (distinguishes supplementing with costs vs. new evidence)