From Casetext: Smarter Legal Research

Bustos v. State

State of Texas in the Fourteenth Court of Appeals
Feb 21, 2013
NO. 14-12-00625-CR (Tex. App. Feb. 21, 2013)

Opinion

NO. 14-12-00625-CR

02-21-2013

NICOLAS BUSTOS, Appellant v. THE STATE OF TEXAS, Appellee


Affirmed as Reformed and Memorandum Opinion filed February 21, 2013.

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1329619


MEMORANDUM OPINION

This is an appeal about court costs. Appellant Nicolas Busto entered a guilty plea, without an agreed recommendation on punishment, to aggravated robbery with a deadly weapon. After a pre-sentence investigation, the trial court sentenced appellant to confinement for ten years in prison. In a single issue on appeal, appellant contends that there is insufficient evidence in the record to support the court costs in the amount of $239.00 assessed against him in the judgment. We reform the trial court's judgment to delete the specific amount of costs assessed and affirm the judgment as modified.

In its judgment, the trial court ordered appellant to pay $239.00 in court costs. The clerk's record filed with this court does not contain a bill of costs or any other evidence showing the amount of court costs.

In Johnson v. State, ___ S.W.3d ___, No. 14-11-00693-CR; 2012 WL 4878803, at *3 (Tex. App.—Houston [14th Dist.] Oct. 16, 2012, no pet. h.), this court held that when the record does not support the assessment of a certain dollar amount in costs, the trial court errs in entering a specific dollar amount in its judgment.

The trial court did not err in ordering appellant to pay costs, as such is mandated by the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. art. 42.16. The court erred, however, in entering a specific dollar amount of costs in the judgment without any support in the record. See Johnson, at *3.

Because there is no evidence in the record to support the trial court's assessment of a specific dollar amount as court costs, we reform the trial court's judgment to delete the specific amount of costs assessed. See id. at *5. As modified, we affirm the judgment.

PER CURIAM

Panel consists of Justices Christopher, Jamison, and McCally. Do Not Publish — Tex. R. App. P. 47.2(b).


Summaries of

Bustos v. State

State of Texas in the Fourteenth Court of Appeals
Feb 21, 2013
NO. 14-12-00625-CR (Tex. App. Feb. 21, 2013)
Case details for

Bustos v. State

Case Details

Full title:NICOLAS BUSTOS, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Feb 21, 2013

Citations

NO. 14-12-00625-CR (Tex. App. Feb. 21, 2013)

Citing Cases

Bustos v. State

We agreed and modified the trial court's judgment to delete the specific amount of costs assessed. Bustos v.…

Bustos v. State

Bustosv. State, No. 14-12-00625-CR, 2013 Tex. App. LEXIS 1688 (Tex. App. - Houston [14Dist.] February 21,…