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Bryant v. State

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Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ORDER ON ABATEMENT

On August 1, 2003, in cause number 14,621-A, Appellant was convicted of indecency with a child by exposure (Count I) and indecency with a child by contact (Count II). Sentence was assessed at ten years confinement on Count I and twenty years confinement on Count II. A fine of $2,000 was also assessed. On April 26, 2010, in the same cause number, the trial court signed and entered a document entitled Order to Withdraw Inmate Funds (Pursuant to TX. GOV’T CODE, Sec. 501.014(e)).*fn2 By the withdrawal notification, the trial court directed the Texas Department of Criminal Justice Institutional Division to withhold the amount of $2,533, consisting of the $2,000 fine plus miscellaneous costs of court. While the withdrawal notification provides that “court costs, fines and fees have been incurred as represented in the certified Bill of Cost/Judgment attached hereto,” the Certified Bill of Costs contained in the clerk’s record was not generated until more than four months later on September 13, 2010. Furthermore, while the original judgment of conviction recites “the State of Texas do have and recover of said Defendant all court costs in this prosecution expended for which execution will issue,” the judgment itself does not specify the amount of those costs.

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