Opinion issued September 12, 2013.
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00243-CR
BRODRECK HEARNE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 230th District Court
Harris County, Texas
Trial Court Cause No. 1330405
OPINION
Brodreck Lee Hearne pleaded guilty to the felony offense of injury to a child
without an agreed recommendation as to punishment. After a bench trial on
punishment, the trial court sentenced Hearne to fifteen years’ confinement. The
written judgment ordered that Hearne pay $234 in court costs. On appeal, Hearne
contends that insufficient evidence supports the trial court’s assessment of court
costs in the judgment absent a bill of costs. Specifically, he contends that “no
documentation” supports the court costs and that “[t]here is no certified bill of
costs in the appellate record.” After receiving the parties’ briefs, this court ordered
the trial court clerk to supplement the record with a bill of costs. The trial court
clerk has supplemented the record with a document titled “J.I.M.S. Supplemental
Costs Bill Assessment,” identifying each cost assessed. We hold that sufficient
evidence supports the costs recited in the original judgment and, therefore, affirm.
Discussion
Chapter 103 of the Texas Code of Criminal Procedure, entitled “Collection
and Recordkeeping,” governs those two aspects of costs in criminal cases. TEX.
CODE. CRIM. PROC. ANN. arts. 103.001–.012 (West 2006 & Supp. 2012); see
Cardenas v. State, No. 01-11-01123-CR, 2013 WL 1164365, at *4 (Tex. App.—
Houston [1st Dist.] Mar. 21, 2013, pet. granted). The clerk of the court must keep
a record of each fee or item of cost charged for a service rendered in a criminal
action or proceeding. TEX. CODE. CRIM. PROC. ANN. art. 103.009(a)(1) (West
2006). If a criminal action or proceeding is appealed, “an officer of the court shall
certify and sign a bill of costs stating the costs that have accrued” and send it to the
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court to which the action is appealed. Id. art. 103.006. When, as in this case, the
bill of costs was not sent to this court and made part of the record, we may direct
the trial court clerk to supplement the record with the bill of costs. TEX. R. APP. P.
34.5(c); Cardenas, 2013 WL 1164365, at *4; Thomas v. State, No. 01-12-00487-
CR, 2013 WL 1163980, at *1 (Tex. App.—Houston [1st Dist.] Mar. 21, 2013, no.
pet.).
We review the sufficiency of the evidence supporting the award of costs in
the light most favorable to the trial court’s judgment. See Mayer v. State, 309
S.W.3d 552, 557 (Tex. Crim. App. 2010); Cardenas, 2013 WL 1164365, at *4;
Thomas, 2013 WL 1163980, at *3. The record shows the district court convicted
Hearne of a felony, supporting each of the following costs listed in the cost
assessment: “Clerks Fee” of $40; 1 “Security Fee” of $5; 2 “Consolidated Court
Costs” of $133; 3 “Jury Reimbursement Fee” of $4; 4 “DC Records Preservation”
1
See TEX. CODE CRIM. PROC. ANN. art. 102.005(a) (West 2006) (“A defendant
convicted of an offense in . . . a district court shall pay for the services of the clerk
of the court a fee of $40.”).
2
See id. 102.017(a) (West Supp. 2012) (“A defendant convicted of a felony offense
in a district court shall pay a $5 security fee as a cost of court.”).
3
See TEX. LOC. GOV’T CODE ANN. § 133.102(a)(1) (West Supp. 2012) (entitled
“Consolidated Fees on Conviction,” which provides: “A person convicted of an
offense shall pay as a court cost, in addition to all other costs . . . $133 on
conviction of a felony . . . .”).
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fee of $25; 5 “Support of Indigent Defense” fee of $2; 6 “Support of Judiciary Fee”
of $6; 7 and a “Court Technology Fund Fee” of $4. 8 The cost assessment also lists
a $5 fee for “Arrest W/O Warrant/Capias,” 9 a $5 fee for “Commitment,”10 and a $5
4
See TEX. CODE CRIM. PROC. ANN. art. 102.0045(a) (West Supp. 2012) (“A person
convicted of any offense, other than an offense relating to a pedestrian or the
parking of a motor vehicle, shall pay as a court cost, in addition to all other costs, a
fee of $4 to be used to reimburse counties for the cost of juror services as provided
by Section 61.0015, Government Code.”).
5
See id. art. 102.005(f) (“A defendant convicted of an offense in a . . . district court
shall pay a fee of $25 for records management and preservation services
performed by the county as required by Chapter 203, Local Government Code.”).
6
See TEX. LOC. GOV’T CODE ANN. § 133.107(a) (West Supp. 2012) (“A person
convicted of any offense, other than an offense relating to a pedestrian or the
parking of a motor vehicle, shall pay as a court cost, in addition to other costs, a
fee of $2 to be used to fund indigent defense representation through the fair
defense account established under Section 79.031, Government Code.”).
7
See id. § 133.105(a) (West 2006) (“A person convicted of any offense, other than
an offense relating to a pedestrian or the parking of a motor vehicle, shall pay as a
court cost, in addition to all other costs, a fee of $6 to be used for court-related
purposes for the support of the judiciary.”).
8
See TEX. CODE CRIM. PROC. ANN. art. 102.0169(a) (West Supp. 2012) (“A
defendant convicted of a criminal offense in a . . . district court shall pay a $4 . . .
district court technology fee as a cost of court.”).
9
See id. art. 102.011(a)(1) (West Supp. 2012) (“A defendant convicted of a felony
or a misdemeanor shall pay the following fees for services performed in the case
by a peace officer . . . $5 . . . . for making an arrest without a warrant.).
10
See id. art. 102.011(a)(6) (“A defendant convicted of a felony or a misdemeanor
shall pay the following fees for services performed in the case by a peace
officer . . . $5 for commitment or release . . . .”).
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fee for “Release.”11 The sum of these costs is $234, the amount the trial court
assessed as costs. Accordingly, we hold that sufficient evidence supports the
judgment assessing costs of $234. See Cardenas, 2013 WL 1164365, at *6–7
(holding assessment of costs supported by sufficient evidence when costs consisted
of statutorily mandated costs and record supported imposition of those costs);
Thomas, 2013 WL 1163980, at *3–4 (same); Owen v. State, 352 S.W.3d 542, 547–
48 (Tex. App.—Amarillo 2011, no pet.) (same).
Conclusion
We affirm the judgment of the trial court.
Rebeca Huddle
Justice
Panel consists of Justices Keyes, Sharp, and Huddle.
Justice Keyes, concurring.
Publish. TEX. R. APP. P. 47.2(b).
11
See id.
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