Thomas Shane Pearce v. State
12-16-00320-CR
| Tex. App. | Aug 9, 2017Background
- Appellant Thomas Shane Pearce pleaded guilty to assault causing bodily injury (family violence) and received 18 months deferred adjudication community supervision on December 5, 2016.
- The trial court’s judgment and the bill of costs both assessed $269 in court costs.
- At the time of appeal, a certified bill of costs was initially not in the record; the record was later supplemented with a bill of costs showing the $269 total.
- The bill of costs included a $4 jury service fee and a $25 criminal district attorney fee.
- The State conceded, and the court agreed, those two fees are authorized only for convicted persons; Pearce remains on deferred adjudication and has not been convicted.
- The Court of Appeals modified the judgment to reduce court costs to $240 and affirmed the judgment as modified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court costs of $269 are supported by the record | The State relied on the supplemented bill of costs to justify $269 | Pearce argued the record does not support assessment of certain fees because he is on deferred adjudication (not convicted) | Court held the record supports most fees but struck the $4 jury fee and $25 criminal district attorney fee; judgment modified to $240 |
Key Cases Cited
- Armstrong v. State, 340 S.W.3d 759 (Tex. Crim. App. 2011) (sufficiency of evidence review for court costs on direct appeal)
- Mayer v. State, 309 S.W.3d 552 (Tex. Crim. App. 2010) (standard for reviewing sufficiency of evidence)
- Cardenas v. State, 403 S.W.3d 377 (Tex. App.—Houston [1st Dist.] 2013) (sufficiency review principles affirmed)
- Ex parte Smith, 296 S.W.3d 78 (Tex. Crim. App. 2009) (deferred adjudication is not a conviction)
- Brewer v. State, 572 S.W.2d 719 (Tex. Crim. App. 1978) (appellate courts may reform judgments to make the record speak the truth)
- Ingram v. State, 261 S.W.3d 749 (Tex. App.—Tyler 2008) (authority to reform judgments)
- Davis v. State, 323 S.W.3d 190 (Tex. App.—Dallas 2008) (authority to reform judgments)
- Johnson v. State, 405 S.W.3d 350 (Tex. App.—Tyler 2013) (permitting supplementation of record with bill of costs)