Luis Alberto Lujan v. the State of Texas ( 2022 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-22-00153-CR
________________________
LUIS ALBERTO LUJAN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 222nd District Court
Deaf Smith County, Texas
Trial Court No. CR-21B-016, Honorable Roland Saul, Presiding
October 26, 2022
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and DOSS, JJ.
Appellant, Luis Alberto Lujan, appeals from his conviction for assaulting a peace
officer. Through his sole issue, he urges that the assessment of a $15 time payment fee
in the bill of costs was premature due to his perfection of an appeal. The State conceded
error. See Pruitt v. State, 646 S.W.3d 879, 886 (Tex. App.—Amarillo 2022, no pet.)
(stating that a defendant’s appeal suspends the duty to pay fines, court costs, and
restitution; therefore, assessment of a time payment fee before the appellate mandate
issues is premature”).
As mandate in this cause has yet to issue, we delete from the bill of costs the
premature time payment fee assessed. This is done without prejudice to a subsequent
assessment in accordance with statute and other applicable laws. We sustain appellant’s
sole issue and affirm the judgment.
Brian Quinn
Chief Justice
Do not publish.
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