Untitled Texas Attorney General Opinion ( 1964 )

Honorable Jimmy Morris Opinion No. C-305 County Attorney Navarro County Courthouse Re: Where the trial of a de- Corelcana, Texas fendant in a criminal case results in a hung jury and upon eubeequent trial the defendant ira convicted, IS the defendant taxed one or Dear Mr. Morris: two jury fees? You have requested,'an official opinion from this depart- ment concerning the following question relating to the defen- dant's liability for a jury fee in a justice court: "If,a jury cannot'agree on a vetiict and ia:hung, and then another jury is lmpaneled and the defendant ia convicted, is the de- E;;;tnt taxed with two jury fees or just Article 1075 of the Code of Criminal Procedure provides: Jury fee In juatlce court. "If the defendant is convicted in a crimi- nal action tried by a jury In a justice court, a jury fee of three dollars shall be taxed zgainst,him." (Bnphasla wadded) Article I.?73 of the C&d! of Criminal Procedure provides: In district and county courts. 'In each.crlmlnal action tried by a jury In thewtrict dr county court, or county court at law, a jury fee of five dollgrs ahall be taxed-against the defendant if he is convicted." (Emphaala added) It is fundamental that no coat or fees may be taxed against a defendant in a criminal case where he is acquitted. ,'(See attached copy of Attorney Ceneral'e Opinion o-1773.) -1458- Honorable Jimmy Morris, page 2 (C-305) The statutes provide that In the justice, district and county courts the taxation of a defendant for a jury fee la conting&nt upon conviction. Aa quoted above, Article 1073 relating to the dlatrict and county courts la almost identical to Article 1075, except it Is more explicit In that it apeclflc+ly states that In each criminal,action the defendant is taxed a’ jury fee if con- med. Article 907 of the Code of Criminal Procedure provides: Mistrial. "A jury shall be discharged if they fall to agree to a verdict after being kept to- gether’a reaeoliable time. If there be time left on the same day, another jury may be im- paneled to try the cause, or the justice may adjourn for not.more than two days and again lmpanel a jury to try duch cause. I’ It is well established that In a criminal case where’the jury fails to agree on a verdict and Is subsequently dlaml8sed,’ a mistrial is declared. Howeves, this does not reeult in the dletilsaal of the tiase, rather, the pending cause ia continued until such time as a new jury can be lmpaneled. Aa the above quoted statutes are clear and unambiguous, it follows that only one jury fee ‘la to be’taxed against a de- fendant,,who is convicted In a criminal cause tried in the juatlce’couti, even though in a ptilor trial the jury was dia- charged for failare to agree to a verdict. SVMMARY In any criminal cause In a justice court a defendant, If convicted, can only be,t?xed one jury fee notwithstanding that more than one .jury was,. lmpaneled to” hear the case. Youra very truly; WAGGONER CARR Attorney General of Texans _ .. -- Honorable Jimmy Morris, page 3 (C-305) RWN/dt/br APPROVED: OPINIONCOMMITTEE: W. V. Geppert, Chairman Jamea Strogk Joe Long Charles B. Swanner Malcolm Quick APPROVEDFOR TRE ATTORNEY GENEXUL Bg: Stanton Stone - 1460-