Lindsey Marie Peveto v. State, 12-17-00013-CR

Lindsey Marie Peveto pleaded guilty pursuant to a plea agreement to aggravated robbery; the trial court deferred adjudication, fined her $1,000, and placed her on 10 years community supervision.
The State later moved to adjudicate; Peveto pleaded "true" to the allegations and, after a hearing, the trial court adjudicated guilt and sentenced her to 20 years' imprisonment.
Appellant’s original appellate counsel filed an Anders brief concluding the appeal was frivolous and moved to withdraw; the court independently reviewed the record.
On review the court found no reversible error as to adjudication or sentence, but identified errors in the amount of court costs recited in the final judgment.
The bill of costs listed $2,448 total and $1,788 paid; the court determined $2,313 of listed costs lacked a basis in the final judgment and reformed the judgment to reflect $135 in court costs.
The court granted original counsel leave to withdraw, affirmed the judgment as modified, and outlined substitute counsel’s duties and appellate-review options for Peveto.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel complied with Anders and whether appeal is frivolous	Anders brief argued no reversible error; move to withdraw	Peveto did not file a pro se response	Court found counsel complied with Anders and independent review showed the appeal is frivolous; granted withdrawal
Whether the final judgment correctly imposed the $1,000 fine and other listed costs	Peveto: fine and certain costs already paid; should not be imposed again	State sought enforcement of billed costs in final judgment	Court held the $1,000 fine had been paid and should not be included in final judgment
Whether attorney’s fees ($975, including $525 remaining) can be imposed in final judgment	Peveto: indigency findings remained; no showing of material change in finances, so no fee imposition	State: sought to include attorney fees as part of costs	Court held record showed indigence determinations and no factual basis for imposing $525 in additional attorney’s fees; fees removed from judgment
Whether any court costs may properly be imposed and, if so, what amount	Peveto: most costs already paid; limited unpaid costs tied to post-supervision events	State: some costs related to supervision violations and post-supervision arrests/commitments were proper	Court held $135 was supportable (arrest warrants $100, commitments/releases $10, late time-payment fee $25) and reformed judgment to state total court costs $135

Anders v. California, 386 U.S. 738 (establishing counsel’s duty to file an Anders brief when appeal is frivolous)
Gainous v. State, 436 S.W.2d 137 (Texas standard for Anders-type appellate brief)
High v. State, 573 S.W.2d 807 (requirement that counsel provide professional evaluation showing no arguable grounds)
Johnson v. State, 423 S.W.3d 385 (court-costs review; costs are nonpunitive recoupment)
Bray v. State, 179 S.W.3d 725 (authority to reform judgment in Anders appeal)
Mayer v. State, 309 S.W.3d 552 (attorney-fee imposition requires showing of material change in indigency)
Johnson v. State, 405 S.W.3d 350 (requirement of factual basis before assessing attorney’s fees against formerly indigent defendants)
Asberry v. State, 813 S.W.2d 526 (appellate court’s authority to correct judgment when record supplies necessary data)
In re Schulman, 252 S.W.3d 403 (procedural guidance on Anders briefs and counsel withdrawal)
Perez v. State, 424 S.W.3d 81 (limitations on raising deferred-adjudication plea issues after adjudication)