In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-19-00186-CR
RICHARD LEE PERCIVILL, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th District Court
Gregg County, Texas
Trial Court No. 48,443-B
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
Richard Lee Percivill, Jr., was indicted in two separate indictments for family violence
assault. The two cases were tried together, and he entered a plea of guilty to both indictments and
a plea of true to each indictment’s enhancement allegation of having a prior conviction for family
violence assault. The trial court found him guilty and, after a hearing on punishment, sentenced
him to five years in prison for each of the two offenses, with the sentences to run concurrently.
In this appeal from his second conviction for family violence assault, Percivill argues that
he was improperly assessed $25.00 for a time payment fee. 1
For the reasons stated in our opinion of this date in cause number 06-19-00185-CR, we
find that ninety percent of the time payment fee is unconstitutional and modify the time payment
fee to assess only $2.50.
As modified, the trial court’s judgment is affirmed.
Josh R. Morriss, III
Chief Justice
Date Submitted: March 19, 2020
Date Decided: April 9, 2020
Do Not Publish
1
The State does not oppose Percivill’s arguments on appeal.
2