Eric Demond Douglas v. State ( 2014 )


Menu:
  • Affirmed and Memorandum Opinion filed June 12, 2014.
    In The
    Fourteenth Court of Appeals
    NO. 14-13-00046-CR
    ERIC DEMOND DOUGLAS, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 174th District Court
    Harris County, Texas
    Trial Court Cause No. 1122749
    MEMORANDUM                      OPINION
    Appellant Eric Demond Douglas appeals his conviction for possession of
    cocaine. In a single issue, appellant argues that there was insufficient evidence in
    the record to support the court’s costs of $330 reflected in the judgment. We
    affirm.
    The judgment includes an assessment of $330 in court costs. The record
    contains a certified, signed bill of costs listing $330 in court costs. We review the
    assessment of court costs on appeal to determine if there is a basis for the costs, not
    to determine whether there was sufficient evidence offered at trial to prove each
    cost. Johnson v. State, 
    423 S.W.3d 385
    , 390 (Tex. Crim. App. 2014). Traditional
    sufficiency-of-the-evidence standards of review do not apply. 
    Id.
    Generally, a bill of costs must (1) contain the items of cost, (2) be signed by
    the officer who charged the cost or the officer who is entitled to receive payment
    for the cost, and (3) be certified. 
    Id.
     at 392–93; see Tex. Crim. Proc. Code Ann.
    arts. 103.001, 103.006. The record supports the assessment of costs in this case
    because the record contains a bill of costs that contains each item of cost, is signed
    by a representative of the district clerk’s office who is entitled to receive payment
    of the costs, and is certified. See Johnson, 423 S.W.3d at 393.
    The trial court assessed $330 in costs against appellant. The sum of the
    itemized costs in the cost bill is $330. There being no challenge to any specific cost
    or the basis for the assessment of such cost, the bill of costs supports the costs
    assessed in the judgment. Id. at 396. The fact that the bill of costs was not prepared
    until after the court signed the judgment does not defeat the lawfulness of the bill
    of costs. Id. at 394. (“[M]atters pertaining to the imposition of court costs need not
    be brought to the attention of the trial court, including a bill of costs prepared after
    a criminal trial.”). We overrule appellant’s sole issue on appeal and affirm the trial
    court’s judgment.
    PER CURIAM
    Panel consists of Justices Boyce, Busby, and Wise.
    Do Not Publish — TEX. R. APP. P. 47.2(b).
    2
    

Document Info

Docket Number: 14-13-00046-CR

Filed Date: 6/12/2014

Precedential Status: Precedential

Modified Date: 9/22/2015