Randrick Ramar Duncan v. State
12-17-00175-CR
| Tex. App. | Jan 3, 2018Background
- Appellant Randrick Ramar Duncan pleaded guilty pursuant to a plea agreement to burglary of a habitation; the trial court deferred adjudication and placed him on ten years’ community supervision.
- The deferred-adjudication order expressly set court costs at $864 and Duncan acknowledged in writing his obligation to pay costs; he waived his right to appeal when accepting deferred adjudication.
- The State later moved to adjudicate; Duncan pleaded true to the allegations and the court found the violations true, revoked community supervision, adjudicated guilt, and sentenced him to 15 years’ imprisonment.
- On appeal Duncan challenged certain court costs as unconstitutional and asked the court to modify the judgment and withdrawal order to remove those costs.
- The State argued Duncan forfeited the challenge by failing to timely appeal the original deferred-adjudication order that imposed the costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether certain court costs imposed are unconstitutional and should be removed | Duncan argued the assessed costs included unconstitutional components and should be modified/removed | State argued Duncan waived/forfeited the challenge by not appealing the deferred-adjudication order and by expressly waiving appeal | Court held Duncan forfeited the challenge to costs assessed in the deferred-adjudication order and overruled his issue; judgment affirmed |
Key Cases Cited
- Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (describing court costs as nonpunitive recoupment)
- Salinas v. State, 523 S.W.3d 103 (Tex. Crim. App. 2017) (held portions of consolidated fee statute unconstitutional and required pro rata reduction)
- Perez v. State, 424 S.W.3d 81 (Tex. Crim. App. 2014) (failure to timely appeal deferred-adjudication order forfeits later challenge to costs)
- Wiley v. State, 410 S.W.3d 313 (Tex. Crim. App. 2013) (defendant who allowed revocation forfeited challenge to court-appointed attorney fees by not appealing the original order)
- Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (timeliness rules for appeals from deferred adjudication orders)