Scott Michael Young v. the State of Texas
12-19-00349-CR
| Tex. App. | Sep 1, 2021Background
- Scott Michael Young was charged with aggravated sexual assault of a child under six (with a prior felony) and continuous sexual abuse of a young child or children; both are first‑degree felonies.
- He pleaded not guilty and true to the enhancement, had a bench trial, was found guilty, and received life sentences, to run cumulatively.
- Both offenses were presented in a single trial; each judgment and bill of costs showed $579.00 in court costs.
- The offenses were committed in 2017 (before January 1, 2020).
- On appeal Young challenged: (1) duplicate assessment of court costs in a single criminal action, (2) assessment of the local consolidated fee, and (3) assessment of a time‑payment fee.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Young) | Held |
|---|---|---|---|
| Duplicate court costs (assessed twice in one trial) | State conceded the assessment was erroneous | Court costs may only be assessed once per criminal action under art. 102.073 | Sustained; modify judgment in cause 241‑1150‑17 to reflect $0.00 in court costs |
| Local consolidated fee (Section 134.101 items assessed) | State conceded the local consolidated fee does not apply to offenses committed before 1/1/2020 | Fee was improperly assessed because offenses occurred in 2017 | Sustained in part; modify judgment in cause 241‑1149‑17 to reflect $501.00 in court costs (removing impermissible items) |
| Time‑payment fee (assessed while appeal pending) | State conceded the fee was premature | Fee was improperly imposed while appeal tolled the time for payment | Sustained; strike the $25.00 time‑payment fee without prejudice to later assessment after appellate mandate |
Key Cases Cited
- Hurlburt v. State, 506 S.W.3d 199 (construing “single criminal action” as a single trial or plea proceeding)
- Asberry v. State, 813 S.W.2d 526 (appellate courts may correct judgments when the record supplies necessary data)
- Armstrong v. State, 340 S.W.3d 759 (appellate review of costs in bill of costs is permissible)
- Dulin v. State, 620 S.W.3d 129 (pendency of appeal tolls the time‑payment fee)
Disposition: The court modified the two judgments as described above and affirmed the judgments as modified.