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Enriquez v. State

Fourth Court of Appeals San Antonio, Texas
Jun 6, 2018
No. 04-17-00696-CR (Tex. App. Jun. 6, 2018)

Opinion

No. 04-17-00696-CR

06-06-2018

Veronica ENRIQUEZ, Appellant v. The STATE of Texas, Appellee


MEMORANDUM OPINION

From the 63rd Judicial District Court, Val Verde County, Texas
Trial Court No. 14032CR
Honorable Robert Cadena, Judge Presiding Opinion by: Sandee Bryan Marion, Chief Justice Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice AFFIRMED

In a single issue on appeal, Appellant Veronica Enriquez ("Enriquez") challenges the trial court's assessment of costs. We affirm the trial court's judgment.

BACKGROUND

A jury convicted Enriquez of aggravated kidnapping and aggravated assault with a deadly weapon. The trial court sentenced Enriquez in open court to concurrent sentences of imprisonment and fines. The trial court subsequently signed a final judgment assessing court costs in the amount of $684.

DISCUSSION

Enriquez argues the trial court erred by assessing court costs in the written judgment because court costs were not assessed during Enriquez's sentencing in open court. Because court costs are not punitive, they need not be included in the trial court's oral pronouncement of the sentence as a precondition to being included in the subsequent written judgment. Weir v. State, 278 S.W.3d 364, 367 (Tex. Crim. App. 2009). We will affirm the trial court's assessment of costs if the record supports the basis for the costs. Johnson v. State, 423 S.W.3d 385, 390 (Tex. Crim. App. 2014).

Here, the clerk's record contains a certified bill of cost prepared by the Val Verde County District Clerk. The bill of cost itemizes miscellaneous administrative fees and costs totaling $684. Therefore, we hold the record supports the trial court's assessment of costs in the amount of $684.

CONCLUSION

We affirm the trial court's judgment.

Sandee Bryan Marion, Chief Justice DO NOT PUBLISH


Summaries of

Enriquez v. State

Fourth Court of Appeals San Antonio, Texas
Jun 6, 2018
No. 04-17-00696-CR (Tex. App. Jun. 6, 2018)
Case details for

Enriquez v. State

Case Details

Full title:Veronica ENRIQUEZ, Appellant v. The STATE of Texas, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 6, 2018

Citations

No. 04-17-00696-CR (Tex. App. Jun. 6, 2018)