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Patterson v. State

COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B
Jan 25, 2013
NO. 07-12-0147-CR (Tex. App. Jan. 25, 2013)

Opinion

NO. 07-12-0147-CR

01-25-2013

CHARLES SCOTT PATTERSON, Appellant v. THE STATE OF TEXAS, Appellee


FROM THE 47TH DISTRICT COURT OF RANDALL COUNTY;

NO. 22,525-A; HON. DAN SCHAAP, PRESIDING


MEMORANDUM OPINION

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ

Charles Scott Patterson, appellant, appeals his conviction for possessing a controlled substance. Through a single issue, he requests that a warrant fee be deleted from the judgment because there is insufficient evidence to support its assessment. We affirm.

The amount of the fee is $100 and appears in the Bill of Costs. It is composed of two $50 fees for the issuance and execution of two different capias or arrest warrants issued after appellant twice failed to appear in court. According to appellant, the record fails to disclose that such capias were issued and executed. However, the second supplemental clerk's record reveals otherwise. The first was issued on December 21, 2011, and executed on December 23, 2011. The second was issued on April 10, 2012, and executed on April 11, 2012. And, since statute allows for the assessment of $50 per warrant, TEX. CODE CRIM. PROC. ANN. art. 102.011(a)(2) (West 2012), we conclude that the $100 assessment was recoverable and overrule appellant's sole issue. The judgment of the trial court is affirmed.

Per Curiam Do not publish.


Summaries of

Patterson v. State

COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B
Jan 25, 2013
NO. 07-12-0147-CR (Tex. App. Jan. 25, 2013)
Case details for

Patterson v. State

Case Details

Full title:CHARLES SCOTT PATTERSON, Appellant v. THE STATE OF TEXAS, Appellee

Court:COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL B

Date published: Jan 25, 2013

Citations

NO. 07-12-0147-CR (Tex. App. Jan. 25, 2013)