Case Information
*1 IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
TYLER CALVIN KENDRICK, § APPEAL FROM THE 7TH APPELLANT § JUDICIAL DISTRICT COURT
APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION
Tyler Calvin Kendrick appeals his conviction for assault on a public servant. Appellant argues that the judgment imposes unconstitutional court costs. We affirm.
B ACKGROUND
Appellant was charged by indictment with assault on a public servant. He entered a negotiated plea of “guilty” to the offense, and the trial court deferred a finding of guilt and placed him on community supervision for a term of eight years. Subsequently, the State filed an application to proceed to final adjudication. Appellant pleaded “true” to two of the allegations in the application and “not true” to the remaining allegations. After a hearing, the trial court adjudicated Appellant’s guilt and assessed his punishment at imprisonment for four years and restitution in the amount of $621.25. This appeal followed. OURT C OSTS
Appellant argues that this Court should modify the trial court’s judgment and withdrawal
order to remove unconstitutional court costs.
Applicable Law
The imposition of court costs upon a criminal defendant is a “nonpunitive recoupment of the costs of judicial resources expended in connection with the trial of the case.” Johnson v. State , 423 S.W.3d 385, 390 (Tex. Crim. App. 2014). The consolidated fee statute requires a defendant to pay a court cost of $133 on conviction of a felony. T EX . L OC . G OV ’ T ODE A NN . § 133.102(a)(1) (West Supp. 2016). The money received is divided among a variety of state government accounts according to percentages dictated by the statute. See id. § 133.102(e) (West Supp. 2016); Salinas v. State , No. PD-0170-16, 2017 WL 915525, at *1 (Tex. Crim. App. Mar. 8, 2017). The court of criminal appeals has held the statute unconstitutional with respect to two of these accounts: an account for “abused children’s counseling” and an account for “comprehensive rehabilitation.” See Salinas , 2017 WL 915525, at *1. As a result, the court held that any fee assessed pursuant to the statute must be reduced pro rata to eliminate the percentage of the fee associated with these accounts. Id. The court further held that its holding applies only to (1) a defendant who raised the appropriate claim in a petition for discretionary review before the date of the court’s opinion, if that petition is still pending on that date and the claim would otherwise be properly before the court on discretionary review, or (2) a defendant whose trial ends after the mandate in Salinas issues. Id. at *6.
Analysis
Here, the final judgment shows a court cost assessment of $294. The bill of costs shows that the $133 consolidated fee was assessed. However, because no petition for discretionary review is pending on Appellant’s claim, and the proceedings in the trial court ended on October 31, 2016—well before the court of criminal appeals’s decision in Salinas —the court’s holding in that case does not apply. See id. Accordingly, we overrule Appellant’s issue.
D ISPOSITION
Having overruled Appellant’s sole issue, we affirm the trial court’s judgment. J AMES T. W ORTHEN Chief Justice Opinion delivered July 31, 2017.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.
(DO NOT PUBLISH)
2
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT
JULY 31, 2017 TYLER CALVIN KENDRICK,
Appellant
Appellee
Appeal from the 7th District Court
of Smith County, Texas (Tr.Ct.No. 007-1363-15)
THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this court that there was no error in the judgment.
It is therefore ORDERED, ADJUDGED and DECREED that the judgment of the court below be in all things affirmed , and that this decision be certified to the court below for observance.
James T. Worthen, Chief Justice.
Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.