Andre Wayne Vittatoe v. State

Order entered December 4, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01679-CR
ANDRE WAYNE VITTATOE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F-1251535-K
ORDER
On June 4, 2013, we ordered the Dallas County District Clerk to prepare and file a
supplemental clerk’s record containing a detailed itemization of the costs assessed in this case,
including but not limited to, specific court costs, fees, and court appointed attorney fees. The
Dallas County Clerk subsequently filed a supplemental clerk’s record. However, the itemization
of costs included in the supplemental record does not comply with the Texas Code of Criminal
Procedure. See TEX. CODE CRIM. PROC. ANN. arts. 103.001, 103.006 (West 2006).
Accordingly, we ORDER the Dallas County District Clerk to file, WITHIN TEN
DAYS OF THE DATE OF THIS ORDER, a second supplemental clerk’s record that contains
a detailed itemization of the costs assessed in this case that complies with article 103.001 and
103.006 of the Texas Code of Criminal Procedure. See id. arts. 103.001 (“A cost is not payable
by the person charged with the cost until a written bill is produced or is ready to be produced,
containing the items of cost, signed by the officer who charged the cost or the officer who is
entitled to receive payment for the cost.”) (emphasis added), 103.006 (“if a criminal action or
proceeding . . . is appealed, an officer of the court shall certify and sign a bill of costs that have
accrued and send the bill to the court in which the action or proceeding is . . . appealed)
(emphasis added).
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Gary Fitzsimmons, Dallas County District Clerk; the Dallas County District Clerk’s Office,
Criminal Records Division; and to counsel for all parties.
/s/ LANA MYERS
JUSTICE