Tony Anthony White v. State, 12-17-00031-CR

Tony Anthony White was indicted for continuous sexual abuse of a child and pled not guilty.
A jury convicted White of the lesser-included offense of aggravated sexual assault of a child.
At the punishment phase White pleaded true to enhancement allegations; the jury assessed a life sentence.
The trial court’s judgment included a $133 consolidated court-fee assessment under Tex. Loc. Gov’t Code § 133.102.
On appeal White challenged certain court costs as unconstitutional and asked the court to modify the judgment and withdrawal order to remove them.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court costs assessed under the consolidated fee statute must be reduced to excise unconstitutional allocations	White argued portions of the $133 fee are unconstitutional and should be removed from his judgment	State argued Salinas v. State’s remedy does not apply because White’s trial concluded before Salinas and he had no PDR pending when Salinas issued	Court overruled White’s issue and affirmed the judgment; Salinas relief did not apply to White’s case

Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (describing consolidated court fee as nonpunitive recoupment of judicial costs)
Salinas v. State, 523 S.W.3d 103 (Tex. Crim. App. 2017) (holding portions of consolidated fee tied to certain accounts unconstitutional and limiting retroactive relief)