Valerie Salyards Gilmore v. State
12-15-00049-CR
| Tex. App. | May 8, 2015

Background

  • Valerie Gilmore pled guilty to possession of a controlled substance and was sentenced to eight years' confinement on February 20, 2015.
  • The trial court's judgment and an attached order directed TDCJ to withdraw $344 from Gilmore’s inmate trust account for "court costs, fees and/or fines and/or restitution."
  • The clerk’s record does not contain a certified bill of costs as required by Article 103.001 of the Code of Criminal Procedure.
  • Gilmore (through counsel) argues she was not given the written bill of costs that would inform the statutory basis and allow challenge to the assessed amounts.
  • She asks the appellate court to modify the judgment and delete costs not supported by the record, or to supplement the record with a proper bill of costs.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the trial court erred by ordering withdrawals from Gilmore’s inmate trust account without a certified bill of costs Gilmore: withholding violates due process and Article 103.001 because no certified bill of costs is in the record to support the $344 withdrawal State: (implicit) statutory procedures permit withdrawal orders under Tex. Gov't Code §501.014(e) and court costs may be imposed; the record may be supplemented Court (appellant asks): modify judgment to delete unsupported costs unless a proper bill is supplied; appellate precedent requires deleting unsupported costs or supplementing the record

Key Cases Cited

  • Armstrong v. State, 240 S.W.3d 759 (Tex. Crim. App. 2011) (trial court must impose statutorily mandated costs and a certified bill of costs is required to make defendant liable)
  • Weir v. State, 278 S.W.3d 364 (Tex. Crim. App. 2009) (distinguishing oral pronouncement of punitive sentence from nonpunitive costs)
  • Harrell v. State, 286 S.W.3d 315 (Tex. 2009) (due process requires inmates be informed of statutory basis for withdrawals)
  • Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014) (record must contain evidentiary basis for costs or be supplemented before affirming costs)
  • Solomon v. State, 392 S.W.3d 309 (Tex. App.—San Antonio 2012) (appellate courts should modify judgments to delete costs unsupported by the record)
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