ACCEPTED
12-15-00247-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
12/3/2015 8:08:06 AM
Pam Estes
CLERK
FILED IN
SMITH COUNTY COURTHOUSE
100 N. BROADWAY 4t h Floor
D. Matt Bingham 12thTELEPHONE:
COURT OF APPEALS
TYLER, TEXAS
TELECOPIER:
(903) 590-1720
(903) 590-1719
TYLER, TEXAS 75702 Criminal District Attorney 12/3/2015
Michael8:08:06 AM Chief
J. West, Appellate
April Allison Sikes, First Assistant
Smith County PAM ESTES
Jennifer Barfield, Office Director
Clerk
December 3, 2015
12th Court of Appeals
1517 West Front Street, ste. 354
Tyler, Texas 75702
Re: 12-15-00247-CR, Cook v. State - State’s Letter Brief.
To the Honorable Judges,
Appellant in the above-numbered cause has filed a brief complaining about the an
entry in the Bill of Costs for court costs ordered by the trial court. Specifically,
Appellant complains that he was improperly charged $300.00 for an attorney fee when
he was found to be indigent by the Court. (Appellant’s brief at 4-6).
The Clerk’s Record in this case contains a copy of the Bill of Costs (CR: 83).
That document shows that the District Clerk’s office imposed a $300.00 cost for “SB7
ATTY FEE FOR 7TH DISTRICT COURT” as part of the costs of court. The Court
should note that the judgment adjudicating Appellant guilty does not reflect an amount
including this fee being assessed, however it does appear on the face of the Bill of Costs
It cannot be disputed by the State that Appellant is indigent. The record shows
that he was repeatedly found to be indigent and provided free counsel throughout the
course of this case. (CR: 4-5, 14, 56, 79).
Where the record reflects a $300.00 charge in the Bill of Costs for an attorney fee,
the State concedes that this cost was not properly assessed and should be modified to
show court costs of $314.00 and not $614.00 as currently reflected. See TEX. R. APP. P.
43.2 (b); Brewer v. State, 572 S.W.2d 719, 723 (Tex.Crim.App. 1978) (“Where the
Court has the necessary data and evidence before it for reformation, the judgment may
be reformed on appeal.”); Williams v. State, 332 S.W.3d 694, 699 (Tex.App. - Amarillo
2011, pet. ref'd) (Where appellant was and remained indigent, the trial court correctly
Page 2 of 3
deleted $3,500 in attorney’s fees from the Bill of Costs); TEX. CODE CRIM. PROC. ANN.
Art. 26.04 (p) (Vernon 2015).
Unfortunately, modification of the Bill of Costs does not completely fix the
problem as the judgement revoking Appellant's probation lists the balance of court costs
owed in the amount of $289.00. (CR: 74). As does the trial court's order of withdrawal.
(CR: 76). In lieu of bench warranting Appellant back to Smith County for a remand
hearing to determine whether Appellant is owed $11.00, the State would suggest that the
judgment and order of withdrawal be reformed by the Court to show that the costs of
court have been paid in full. The cost of transporting Appellant back to Smith County
from the Moore Unit in Bonham, Texas, and feeding him while he is here, will certainly
exceed that amount. Smith County has already paid for three different attorneys to
represent Appellant in this case. (CR: 14, 56, 79). If Appellant does not object to this
suggestion, the State will waive any and all remaining costs of court.
Thank you,
/s/ Michael J. West
__________________________
Michael West
Asst. Criminal District Attorney
Bar I.D. No. 21203300
100 N. Broadway, 4th Fl.
Tyler, Texas 75702
(903) 590-1720
(903) 590-1719
CERTIFICATE OF COMPLIANCE
The undersigned hereby certifies that the pertinent sections of the State’s Reply
Brief in the above numbered cause contain 447 words, an amount which complies with
Texas Rule of Appellate Procedure 9.4.
/s/ Michael J. West
_________________________
Michael J. West
Asst. Criminal District Attorney
Page 3 of 3
CERTIFICATE OF SERVICE
3rd
The undersigned hereby certifies that on this _____ December
day of ________________,
2015, the following have been completed:
(1) The original of the State’s Letter Brief in Response to Appellant’s Brief in the
above numbered cause has been electronically filed with the Clerk of the Court of
Twelfth Court of Appeals.
(2) A legible copy of the State’s Letter Brief in Response to Appellant’s Brief in
the above numbered cause has been electronically served on:
Mr. Austin Jackson
Attorney at Law
112 East Line, Ste. 310
Tyler, Texas 75702
/s/ Michael J. West
_________________________
Michael J. West
Asst. Criminal District Attorney
Bar I.D. No. 21203300
100 N. Broadway, 4th Fl.
Tyler, Texas 75702
(903) 590-1720
(903) 590-1719