Serena Rojas v. State, 13-12-00465-CR

Appellant Serena Rojas pleaded guilty to burglary of a habitation, a second-degree felony.
In 2007, the trial court deferred adjudication and placed her on five years’ deferred-adjudication probation.
In 2009, the trial court revoked supervision and adjudicated guilt, sentencing to 20 years’ confinement and ordering costs of $281.25 and restitution of $2,750.
The appeal challenged (1) court costs amount and (2) restitution amount.
Record lacked a certified bill of costs; increased costs appeared without explanation in the record.
Court modified the judgment: $276.00 in costs and deletion of $2,750 restitution; judgment affirmed as modified.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Court costs wrong amount due to lack of record support	Rojas	State	Costs reduced to $276.00; insufficient evidence supports $281.25.
Restitution not orally pronounced; must be deleted	Rojas	State	Restitution of $2,750 deleted; amended judgment to reflect no restitution.

Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (sufficiency review of court costs; evidence required to support costs)
Solomon v. State, 392 S.W.3d 309 (Tex. App.—San Antonio 2012) (sufficiency of evidence to support court costs; waiver not required for issue on appeal)
Cates v. State, 402 S.W.3d 250 (Tex. Crim. App. 2013) (modification of judgment to delete erroneously included costs)
Nolan v. State, 39 S.W.3d 697 (Tex.App.—Houston [1st Dist.] 2001) (reforming judgment to reflect costs or penalties inaccurately stated)
Thompson v. State, 108 S.W.3d 287 (Tex. Crim. App. 2003) (oral pronouncement controls when conflict with judgment exists)
Alexander v. State, 301 S.W.3d 361 (Tex. App.—Fort Worth 2009) (restitution must be included in the oral pronouncement of sentence)
Taylor v. State, 131 S.W.3d 497 (Tex. Crim. App. 2004) (deferred adjudication lacks final conviction; restitution requirements depend on pronouncement)