Opinion
05-22-01099-CR
02-02-2024
SAMUEL ROBERTSON, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 82nd District Court Robertson County, Texas Trial Court Cause No. 21-11-21505-CR
ORDER
NANCY KENNEDY PRESIDING JUSTICE
This appeal was submitted on November 29, 2023. After submission, it came to the Court's attention the bill of costs was missing from the clerk's records. The final judgment in this case assessed court costs totaling $290.00. See Tex. Code Crim. Proc. art. 42.16 (the imposition of certain court costs is mandatory upon conviction and should be reflected in the judgment).
By order dated January 25, 2024, we ordered the Robertson County District Clerk Barbara Axtell to file, within ten days, a supplemental clerk's records containing the bill of costs in this case. The Clerk filed a supplemental record on January 31, 2024 containing the itemized bill of costs. Seven different fee costs are listed by abbreviation, group code, and fee amount.
On appeal, appellant challenges the assessment of "time payment fees in the judgment" as premature and asks the Court to strike them from the judgment. The State concedes the "time payment fees" must be struck. However, neither party identifies the fees or the amounts that are considered "time payments" and must be struck.
We ORDER appellant to file, within TEN DAYS OF THE DATE OF THIS ORDER, a supplemental letter specifically identifying and explaining the fees he believes should be struck as improper "time payment" fees. The letter must provide the explanation of the fee abbreviation and the fee amount associated with it. If appellant fails to respond within ten days, the Court will issue its opinion in due course without addressing the fee issue.
If appellant files a supplemental letter, the State shall have TEN DAYS from the day it is filed to respond.
We DIRECT the Clerk to send copies of this order to counsel for all parties.