Ryan Victor Molnoskey v. State
14-14-00585-CR
| Tex. App. | Aug 13, 2015Background
- Appellant was arrested in 2011 for DWI; resisted a blood draw and assaulted officers; pled guilty to assault and harassment of a public servant in Causes 66494 and 66495, receiving deferred adjudication and 5 years community supervision.
- In 2013, while on community supervision, appellant violently assaulted his girlfriend and severely injured his four‑year‑old daughter; State moved to adjudicate and charged him with injury to a child (Cause 71937).
- Appellant pleaded true to the adjudication allegations, was adjudicated guilty in 66494 and 66495 and sentenced to 10 years for each; pleaded guilty in 71937 and was sentenced to 40 years.
- The judgments assessed $2,850 in attorney’s fees in Cause 66494 and $294 in court costs (including a $70 "WARRANT/BOND" fee) in Cause 71937.
- Appellant challenged (1) the attorney’s‑fees assessment as unsupported because he was indigent, (2) the sufficiency of court costs in 71937, (3) the $70 warrant/bond fee’s validity, and (4) the 40‑year sentence as cruel and unusual.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether $2,850 in attorney’s fees in Cause 66494 is supported | Appellant: indigent; no evidence he can repay appointed counsel | State: $850 portion derived from prior deferred‑adjudication order (Riles) or additional fees from adjudication | Modified: reversed as to attorney’s fees — deleted $2,850 because no evidence appellant could pay and no record showing fees were from prior order |
| Whether $294 in court costs (Cause 71937) are supported | Appellant: no bill of costs in record originally; costs unsupported | State: later supplied bill of costs; presumption costs were performed | Affirmed: supplemental bill of costs was signed/certified — costs supported |
| Whether $70 warrant/bond fee in Cause 71937 is valid | Appellant: no warrant issued and no bond processed; fee improper | State: did not rebut; presumption services performed | Modified: remove $20 (bond fees) and retain $50 (arrest warrant) — judgment reduced by $20 |
| Whether 40‑year sentence for injury to a child is Eighth Amendment excessive | Appellant: sentence grossly disproportionate | State: within statutory range; no gross disproportionality shown | Affirmed: sentence within statutory range and not grossly disproportionate; Eighth Amendment claim rejected |
Key Cases Cited
- Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (financial resources and ability to pay are critical elements for ordering reimbursement of appointed counsel)
- Riles v. State, 452 S.W.3d 333 (Tex. Crim. App. 2015) (procedural default on sufficiency challenge to attorney’s fees when not appealed from original assessment)
- Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (review of court costs focuses on basis for costs and bill requirements)
- Perez v. State, 478 S.W.2d 551 (Tex. Crim. App. 1972) (term‑of‑years within statutory range generally not cruel and unusual)
- Harmelin v. Michigan, 501 U.S. 957 (1991) (Eighth Amendment’s narrow proportionality principle and comparative analysis framework)
- Solem v. Helm, 463 U.S. 277 (1983) (proportionality analysis for cruel and unusual punishment)
- Ewing v. California, 538 U.S. 11 (2003) (successful proportionality challenges are exceedingly rare)
- Perez v. State, 424 S.W.3d 81 (Tex. Crim. App. 2014) (procedural avenues to challenge court costs)
- Lawrence v. State, 420 S.W.3d 329 (Tex. App.—Fort Worth 2014) (upholding lengthy sentence for injury to a child)