Ryan Victor Molnoskey v. State
14-14-00587-CR
Tex. App.Aug 13, 2015Background
- Appellant (Molnoskey) was arrested in 2011 for DWI; resisted a warrant-ordered blood draw and assaulted officers, leading to deferred adjudication and five years' community supervision on assault/harassment charges (Causes 66494 & 66495).
- While on community supervision, in 2013 appellant assaulted his girlfriend and severely injured his four-year-old daughter; the child stopped breathing but recovered.
- The State moved to adjudicate guilt on the deferred cases and charged appellant with a new injury-to-a-child offense (Cause 71937). Appellant pleaded true to adjudication allegations and guilty to the new charge.
- Trial court adjudicated guilt in 66494 and 66495 and sentenced appellant to 10 years on each; in 71937 the court convicted and sentenced appellant to 40 years.
- The judgments assessed $2,850 in attorney’s fees (66494) and $294 in court costs including a $70 “WARRANT/BOND” fee (71937). Appellant appealed, challenging the fee assessments and the 40-year sentence under the Eighth Amendment.
Issues
| Issue | Plaintiff's Argument (Molnoskey) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1. Assessment of $2,850 attorney’s fees (66494) | Appellant is indigent; no evidence shows ability to repay appointed counsel costs | Riles procedural-default argument: prior deferred-adjudication fee component waived if not appealed earlier | Court: Modify judgment — remove $2,850; indigence presumption not rebutted and record lacks proof fees were previously assessed or paid (Riles distinguished) |
| 2. $294 bill of costs sufficiency (71937) | No bill of costs in original record; costs unsupported | Clerk later supplied correct bill of costs | Court: Supplemental bill of costs properly certified; costs have sufficient basis (judgment affirmed) |
| 3. $70 WARRANT/BOND fee (71937) | Fee improper: no warrant executed and no bond processed | State did not rebut; presumption that listed services performed applies | Court: Modify judgment — remove $20 (bond portion). Evidence shows no bond was posted; at most $50 for an executed warrant may be proper |
| 4. Eighth Amendment challenge to 40-year sentence (71937) | Sentence is grossly disproportionate to the injury-to-a-child offense | Sentence within statutory range; limited proportionality review rarely succeeds | Court: Affirm sentence. No inference of gross disproportionality; comparative analysis unnecessary given facts and statutory range |
Key Cases Cited
- Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (financial-resources element required before ordering reimbursement for appointed counsel)
- Riles v. State, 452 S.W.3d 333 (Tex. Crim. App. 2015) (procedural-default on sufficiency challenges to attorney’s fees when originally assessed and not directly appealed)
- Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (standard for reviewing assessment of court costs on appeal)
- Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (narrow proportionality principle under Eighth Amendment)
- Ewing v. California, 538 U.S. 11 (U.S. 2003) (Eighth Amendment proportionality challenges are exceedingly rare)
- Perez v. State, 478 S.W.2d 551 (Tex. Crim. App. 1972) (term-of-years within statutory range not cruel and unusual)