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Williams v. State

On the limited record, the court is unable to determine if appellant has been given all that due process requires. Specifically, because the court does not have a copy of the underlying court order, it is unable to determine either the factual basis for the withdrawal notification, or whether appellant has been afforded an adequate opportunity to compare the amounts assessed by the trial court in the underlying criminal proceedings to the amounts withdrawn. Because the trial court has not entered an appealable order either granting or denying a motion to confirm, modify, correct or rescind the prior withdrawal notification, appellant's notice of appeal is premature. Amarillo Court of Appeals, Nos. 07-10-0091-CV, 07-10-0100-CV & 07-10-0101-CV, 04-22-2010

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Before CAMPBELL and HANCOCK and PIRTLE, JJ.

OPINION ON ABATEMENT

On February 25, 2010, in cause numbers 11,592-B (07-10-0100-CV), 18,246-B (07-10-0091-CV), and 18,325-B (07-10-0101-CV), the trial court signed and entered a document entitled Order to Withdraw Inmate Funds (Pursuant to TX. GOV’T. Code, Sec. 501.014(e)).*fn1 By the withdrawal notifications entered in each case, the trial court directed the Texas Department of Criminal Justice Institutional Division to withhold the amounts of $671.50 (Cause No. 11,592-B), $13,791.50 (Cause No. 18,246-B), and $1,363.43 (Cause No. 18,325-B) from Appellant’s inmate trust account. While each withdrawal notification contained the statement that “court costs, fines, and fees have been incurred as represented in the certified Bill of Costs/Judgment attached hereto,” none contained an attachment of any kind. Furthermore, while the judgment entered in each case provides that the “State of Texas do have and recover of the said [Appellant] all costs in this proceeding incurred . . .,” the summary portion of each judgment leaves costs blank.

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