Benjamin Bustos v. State ( 2016 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00117-CR
NO. 03-16-00118-CR
NO. 03-16-00119-CR
Benjamin Bustos, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT
NOS. D-1-DC-12-300636, D-1-DC-12-300942 & D-1-DC-12-301439
HONORABLE CLIFFORD A. BROWN, JUDGE PRESIDING
MEMORANDUM OPINION
In each of the above causes, appellant Benjamin Bustos pleaded guilty to the offense
of burglary of a habitation and was sentenced to 40 years’ imprisonment, with the sentences to run
concurrently. Each judgment of conviction was accompanied by an “order to withdraw funds” from
Bustos’s inmate trust account to recover court costs. Bustos has now filed a pro se notice of appeal
from each of the three orders to withdraw funds.
The withdrawal of funds from an inmate’s account for the recovery of court fees and
other costs assessed against the inmate is governed by section 501.014(e) of the Texas Government
Code.1 Proceedings to recover costs under section 501.014(e) “are civil in nature and not part of the
1
See Tex. Gov’t Code § 501.014(e).
underlying criminal case.”2 In civil cases, unless specifically authorized by statute, appeals may be
taken only from final orders or judgments.3 An “order to withdraw funds” is not considered a final,
appealable order; it is merely a “notification by a court” instructing prison officials to withdraw
funds from an inmate’s account as required by statute.4 An inmate may appeal from a trial court’s
final order denying the inmate’s motion to modify or rescind the withdrawal.5 However, in these
causes, there is no such order in the record. Accordingly, we dismiss each of these appeals for want
of jurisdiction.6
__________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Field
Dismissed for Want of Jurisdiction
Filed: July 20, 2016
Do Not Publish
2
Harrell v. State, 286 S.W.3d 315, 316 (Tex. 2009).
3
See CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011); Lehmann v. Har-Con Corp.,
39 S.W.3d 191, 195 (Tex. 2001).
4
See Harrell, 286 S.W.3d at 316 n.1 (citing Tex. Gov’t Code § 501.014(e)); Goodspeed
v. State, 352 S.W.3d 714, 715 (Tex. App.—Texarkana 2011, pet. denied); Ramirez v. State,
318 S.W.3d 906, 907 (Tex. App.—Waco 2010, no pet.).
5
See Harrell, 286 S.W.3d at 317; Williams v. State, 332 S.W.3d 694, 698
(Tex. App.—Amarillo 2011, pet. denied); see also England v. State, No. 03-12-00635-CV,
2013 Tex. App. LEXIS 6660, at *2-8 (Tex. App.—Austin May 31, 2013, pet. denied) (mem. op.).
6
See Ramirez, 318 S.W.3d at 908.
2