Tawona Sharmin Riles v. State, 417 S.W.3d 606

Tawona Riles pled guilty; the trial court deferred adjudication and placed her on community supervision with a condition to pay fines, costs, and restitution.
At plea, Riles was found indigent and appointed counsel; the record lacks evidence she could pay attorney’s fees when the deferred-adjudication order issued.
A Bill of Costs later assessed attorney’s fees (listed as court-appointed attorney fees) and was referenced in the adjudication judgment issued after her probation was revoked.
Riles did not appeal the original deferred-adjudication order; she challenged the fee assessment only after revocation and final adjudication.
The appellate majority held the claim forfeited under precedent; a dissent argued the cases are distinguishable and that fees lacked evidentiary support.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by ordering repayment of court-appointed attorney’s fees without evidence Riles had ability to pay	Riles: court-appointed attorney fees were imposed without a finding or evidence of ability to pay, so assessment violates article 26.05 and Mayer	State: Riles knew of and agreed to fees as a condition of supervision; she could have appealed the original order and thus forfeited the issue	Majority: Claim forfeited under Manuel and Wiley because Riles could have directly appealed the deferred-adjudication order when imposed; judgment affirmed
Whether newly presented or revised bills of cost/fees may be raised on rehearing	Riles: revised Bill of Costs and additional fee entries present new, reviewable issues (including substantial attorney-fee additions)	State/Majority: new issues cannot be raised for first time in motion for rehearing; other fee challenges were waived	Majority: rehearing denied as to new fees; dissent would have corrected judgment to exclude court-appointed attorney fees

Wiley v. State, 410 S.W.3d 313 (Tex. Crim. App. 2013) (defendant who did not appeal original probation order forfeited later challenge to attorney-fee assessment)
Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999) (issues relating to original plea/deferred adjudication must be raised on appeal when supervision is first imposed)
Cates v. State, 402 S.W.3d 250 (Tex. Crim. App. 2013) (indigent defendant may later be ordered to repay appointed counsel only upon proof of ability to pay)
Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (trial court must make required findings before assessing attorney’s fees under article 26.05)
Daniels v. State, 30 S.W.3d 407 (Tex. Crim. App. 2000) (non-jurisdictional issues are lost if not timely raised)