Ryan Victor Molnoskey v. State
14-14-00585-CR
| Tex. App. | Feb 6, 2015Background
- Appellant Ryan Victor Molnoskey pleaded guilty and received deferred adjudication in two misdemeanor-related causes (66494, 66495); later indicted for first-degree injury to a child (71937).
- The State filed motions to adjudicate guilt; Molnoskey pleaded true to violations and the court adjudicated guilt in 66494/66495 and sentenced him to 10 years in each; in 71937 the court sentenced him to 40 years.
- Trial counsel was appointed while Appellant was incarcerated; affidavits of indigence in the record show Appellant had no income or assets and asserted unemployment for up to two years before conviction.
- The trial court ordered Appellant to reimburse Brazoria County $2,850 for appointed counsel (cause 66494) and assessed $294 in court costs (including a $70 warrant/bond fee) in each cause, drawing costs from the inmate trust fund.
- Appellant challenges: (1) legal sufficiency for repayment order for appointed counsel, (2) absence of a proper bill of costs supporting the $294 assessment in cause 71937, (3) improper $70 warrant/bond fee, and (4) that the 40-year sentence for injury to a child is grossly disproportionate (Eighth Amendment).
Issues
| Issue | Appellant's Argument | State/Respondent's Argument | Held (Relief Sought) |
|---|---|---|---|
| Sufficiency of evidence to order repayment of appointed counsel fees (Cause 66494) | Molnoskey was indigent at appointment and remained indigent; record contains affidavits showing no income/assets, so no evidence supports repayment order | (Implicitly) court may order repayment only if defendant has financial resources to offset costs | Appellant asks judgment reformed to delete repayment order for $2,850 |
| Validity of $294 court costs in Cause 71937 | No bill of costs for 71937 in the record; statutory requirement unmet so costs cannot be imposed | (Implicit) costs were entered in the judgments for all causes | Appellant asks deletion of $294 court costs in 71937 (or supplementation of record if court orders) |
| Legality of $70 warrant/bond fee in Cause 71937 | Appellant arrested without warrant and did not post bail; statutory fees allow $5 for warrantless arrest and $10 for bond processing, so $70 is unsupported | (Implicit) county cost bill included fee | Appellant asks removal of $70 warrant/bond fee from costs |
| Eighth Amendment challenge to 40-year sentence (Cause 71937) | 40-year sentence for injury to a child is grossly disproportionate given facts, Appellant's substance abuse/mental health history, and court's stated protective rationale; requests new punishment hearing | State likely contends sentence within statutory range and punishment discretion | Appellant asks reversal/remand for new punishment hearing (find sentence cruel and unusual) |
Key Cases Cited
- Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2013) (trial-court repayment of appointed counsel fees requires evidence defendant has resources to pay)
- Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (a written bill of costs must be produced to support assessment of costs)
- Adams v. State, 431 S.W.3d 832 (Tex. App. — Houston [14th Dist.] 2014) (appellate review requires a basis in the record to support assessed costs)
- Barrera v. State, 291 S.W.3d 515 (Tex. App. — Amarillo 2009) (finding that the record must support a trial court’s finding that defendant can offset appointed counsel costs)
- Baldridge v. State, 77 S.W.3d 890 (Tex. App. — Houston [14th Dist.] 2002) (framework for Eighth Amendment proportionality review)
- Ewing v. California, 538 U.S. 11 (U.S. 2003) (Eighth Amendment "gross disproportionality" principle applies to noncapital sentences)