Michael Don Denton v. State
07-15-00181-CR
| Tex. App. | Sep 18, 2015Background
- Denton was convicted of delivery of a controlled substance (4–200 grams) in two Randall County cases, 18,607-B and 18,608-B.
- He was placed on four years of deferred adjudication with court costs and a $2,000 fine in each case on July 26, 2007.
- At adjudication on March 24, 2010, he was sentenced to 20 years in prison in each case with sentences to run concurrently and no fines were reassessed or included in the judgments.
- The State later pursued revocation of unadjudicated probation and a hearing occurred on February–March 2010; the court ultimately imposed 20-year prison terms with no fines.
- Record evidence shows Denton paid the $2,000 fines in 18,607-B in March 2009, prior to the March 24, 2010 adjudication, and no post-adjudication reassessment occurred.
- Denton asserted issues on direct appeal challenging the fine assessment and the preservation of an as-applied challenge to Section 133.102(e)(7) of the Local Government Code; the State contends issues were either meritless or not preserved for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the $2,000 fine was properly reassessed after adjudication. | Denton | State | Issue denied; no reassessment after adjudication; fine not in judgment; paid prior to adjudication |
| Whether the as-applied challenge to § 133.102(e)(7) was preserved for review. | Denton | State | Issue not preserved; four opportunities to raise it were missed; not reviewable on direct appeal |
Key Cases Cited
- Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) (oral pronouncement requirement for fines; applicability to adjudications)
- Karenev v. State, 281 S.W.3d 428 (Tex. Crim. App. 2009) (preservation of error for appellate review; must raise in trial court)
- Wyatt v. State, 268 S.W.3d 270 (Tex. App.—Austin 2008) (preservation principles; appellate review framework)
- Thomas v. State, 445 S.W.3d 288 (Tex. App.—Houston [1st Dist.] 2013) (avenues for challenging judgments via habeas or declaratory action)
