James H. Brockman v. the State of Texas ( 2024 )

In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-23-00124-CR
JAMES H. BROCKMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 102nd District Court
Bowie County, Texas
Trial Court No. 21F1073-102
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION
Pursuant to a plea bargain, James H. Brockman pled guilty to theft of property of a value
under $2,500.00, with two prior theft convictions.1 The trial court found Brockman guilty,
sentenced him to two years’ confinement in state jail, suspended his sentence, and placed him on
community supervision for a period of five years. Brockman was also assessed a fine of
$2,000.00, court costs of $290.00, reimbursement fees of $260.00, and restitution of $852.48.
Less than two years later, Brockman’s community supervision was revoked after he pled
true to the State’s allegations that he violated the terms of his community supervision in six
ways. The trial court sentenced him to two years’ confinement in state jail and assessed him a
fine of $2,000.00, court costs of $290.00, reimbursement fees of $260.00, and restitution of
$852.48.
In this appeal,2 Brockman challenges the assessment of reimbursement fees because
(1) they are not supported by the most current bill of costs and (2) there is insufficient evidence
to support the assessment of his court-appointed attorney fees. As Brockman acknowledges,
$250.00 of the assessed reimbursement fees were for court-appointed attorney fees.
Brockman raised identical issues and made virtually identical arguments in the appeal of
another theft conviction, which we addressed in our opinion in cause number 06-23-00122-CR.
Because these issues are identical to those addressed in that opinion, we overrule these issues for
the reasons stated in that opinion.
1
See TEX. PENAL CODE ANN. § 31.03(e)(4)(D) (Supp.).
2
In our cause numbers 06-23-00122-CR and 06-23-00123-CR, Brockman appeals two other convictions for theft of
property of a value under $2,500.00, with two prior theft convictions.
2
We affirm the trial court’s judgment.
Scott E. Stevens
Chief Justice
Date Submitted: January 2, 2024
Date Decided: February 2, 2024
Do Not Publish
3