Affirm and Opinion Filed January 29, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01621-CR
No. 05-12-01622-CR
JOSHUA DESEAN PULLIAM-ROBERTS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause Nos. F12-34121-J, F12-34219-J
MEMORANDUM OPINION
Before Justices FitzGerald, Lang, and Fillmore
Opinion by Justice FitzGerald
Joshua Desean Pulliam-Roberts waived a jury and pleaded guilty to continuous sexual
abuse of a young child and aggravated sexual assault of a child younger than fourteen years. See
TEX. PENAL CODE ANN. §§ 21.02(b), (h), 22.021(a)(1)(B) (West Supp. 2013). The trial court
assessed punishment at life imprisonment in each case. The trial court’s judgments also include
orders that appellant pay $244 and $590 in court costs, respectively In two issues, appellant
contends there is insufficient evidence in the record to support the orders that he pay court costs
in each case. We affirm the trial court’s judgments.
Appellant contends the evidence is insufficient to support the trial court’s judgments that
appellant pay $244 and $590 in court costs because the clerk’s records do not contain bills of
costs. The State responds that the record contains sufficient evidence to support the amount of
costs assessed by the trial court in each case.
If a criminal action is appealed, “an officer of the court shall certify and sign a bill of
costs stating the costs that have been accrued and send the bill of costs to the court to which the
action or proceeding is . . . appealed.” TEX. CODE CRIM. PROC. ANN. art. 103.006 (West 2006).
Costs may not be collected from the person charged with the costs until a written bill, containing
the items of cost, is produced and signed by the officer who charged the cost or the officer
entitled to receive payment for the cost. Id. art. 103.001.
The clerk’s record in each case does not contain a copy of the bill of costs. We, however,
ordered the Dallas County District Clerk to file supplemental records containing certified bills of
costs associated with these cases, and the clerk did so. See TEX. R. APP. P. 34.5(c)(1) (rules of
appellate procedure allow supplementation of clerk’s record if relevant items have been omitted).
Appellant’s complaint that the evidence is insufficient to support the imposition of costs because
the clerk’s records did not contain bills of costs is now moot. See Coronel v. State, No. 05-12-
00493-CR, 2013 WL 3874446, at *4 (Tex. App.––Dallas July 29, 2013, pet. ref’d); Franklin v.
State, 402 S.W.3d 894, 895 (Tex. App.—Dallas 2013, no pet.). We overrule his two issues.
In response to the Court’s order requiring supplementation of the records, appellant filed
objections that the bills of costs in the supplemental records are not “proper bill[s] of costs” and
the bills of costs were not filed in the trial court or brought to the trial court’s attention before
costs were entered into the judgments. The Court rejected these objections and arguments in
Coronel. See Coronel, 2013 WL 3874446, at *4–5. We likewise reject them here, and conclude
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the cost bills contained in the supplemental clerk’s records are sufficient to support the
assessment of costs in the judgments. See id. We overrule all of appellant’s objections to the
supplemental clerk’s records.
We affirm the trial court’s judgments.
Do Not Publish
TEX. R. APP. P. 47
121621F.U05
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSHUA DESEAN PULLIAM- Appeal from the Criminal District Court
ROBERTS, Appellant No. 3 of Dallas County, Texas (Tr.Ct.No.
F12-34121-J).
No. 05-12-01621-CR V. Opinion delivered by Justice FitzGerald,
Justices Lang and Fillmore participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered January 29, 2014
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSHUA DESEAN PULLIAM- Appeal from the Criminal District Court
ROBERTS, Appellant No. 3 of Dallas County, Texas (Tr.Ct.No.
F12-34219-J).
No. 05-12-01622-CR V. Opinion delivered by Justice FitzGerald,
Justices Lang and Fillmore participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered January 29, 2014
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
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