Perez, Eduardo
2014 Tex. Crim. App. LEXIS 269
| Tex. Crim. App. | 2014Background
- Perez pled guilty to burglary of a habitation in 2008 and was placed on three years' deferred-adjudication supervision with a $203 court-cost designation.
- In 2012 the trial court adjudicated guilt, imposed two years' incarceration, a $300 fine, and $240 in court costs; accompanying clerk's pages dated 11/7/12 appeared after the judgment date.
- The court costs originally assessed under the 2008 deferred adjudication included $203; later, a separate $240 costs designation appeared in the 2012 judgment.
- Appellant challenged the court-cost amount on appeal, arguing the costs were not substantiated by a proper cost bill and the post-judgment cost list was improperly created.
- The court of appeals deleted the $203 portion, affirming the judgment as modified to remove that amount, and left the remaining costs intact.
- The State sought discretionary review, asserting costs were properly supported and that the issues were not preserved or ripe for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a certified bill of costs required to support the amount? | Perez: no cost amount supported without a cost bill. | State: statute and record evidence support costs; no requirement for separate bill at judgment. | Partial sustain; remand for Johnson review; grounds 1,3,4 dismissed |
| Was the $203 deferred-adjudication cost timely appealable and preserved? | Perez: rights not waived; could challenge at initial imposition. | State: Manuel/Wiley require timely appeal; waiver of right to appeal at initial imposition. | Waiver and Manuel bar; only $37 of costs reviewable on appeal |
| Can the appellate record supplement costs with a cost bill after judgment? | Perez: record lacks cost bill before judgment; post-judgment list insufficient. | State: Johnson allows supplementing record with a bill of costs. | Johnson controls; remand to reconsider $37 in light of Johnson |
| Are the remaining $37 in costs properly reviewable on appeal after dismissal of other amounts? | Perez: improper to leave unresolved costs without proper bill. | State: remaining costs supported by record under Johnson. | Remand to court of appeals; review re-framed under Johnson |
Key Cases Cited
- Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (original plea issues must be raised on first appeal from deferred adjudication)
- Wiley v. State, 410 S.W.3d 313 (Tex. Crim. App. 2013) (waiver and Manuel apply to challenges to costs on deferred adjudication)
- Olivo v. State, 918 S.W.2d 519 (Tex. Crim. App. 1996) (timeliness of notices of appeal to invoke jurisdiction)
- Johnson v. State, No official reporter citation in opinion (Tex. Crim. App. 2014) (record on appeal can be supplemented with a bill of costs; most costs mandated by statute deserve limited sufficiency review)