Manley Dewayne Johnson v. State
389 S.W.3d 513
| Tex. App. | 2012Background
- Johnson pleaded guilty to aggravated robbery with a deadly weapon and was sentenced to seven years in prison.
- On appeal, Johnson challenged the trial court’s order to pay a specific amount in court costs.
- The judgment ordered $234 in court costs, but the record did not initially contain a bill of costs.
- The clerk later swore no bill of costs existed in the case file, creating a record gap.
- The court held that costs are statutory, but the specific dollar amount lacked evidentiary support in the record; the judgment was reformed to delete the exact amount while affirming the remainder.
- The court discussed Article 103.001 and ripeness, concluding the issue was ripe and proper to review on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the record supports the specific court costs amount. | Johnson argues the record lacks evidence to support $234 in costs. | State contends costs are mandated by statute and fine to collect; issue ripe though bill not yet ready. | The specific amount lacks record support; judgment is reformed to delete the amount, affirmed as so modified. |
Key Cases Cited
- Armstrong v. State, 340 S.W.3d 759 (Tex. Crim. App. 2011) (costs must be supported by record evidence; attorney’s fees treated as costs)
- Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (sufficiency of evidence to support a judgment need not be preserved)
- Light v. State, 15 S.W.3d 104 (Tex. Crim. App. 2000) (presumption of regularity may be overcome by the record)
- Breazeale v. State, 683 S.W.2d 446 (Tex. Crim. App. 1984) (presumption of regularity requires affirmative indication of error)
- Pfeiffer v. State, 363 S.W.3d 594 (Tex. Crim. App. 2012) (illustrates limits of advisory opinions; relevance to costs record)
- Garrett v. State, 749 S.W.2d 784 (Tex. Crim. App. 1986) (courts cannot issue advisory opinions; relevance to record supplementation)
