Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Eomrable Wayne Lefkwm county Auditor Clay Comty Henrietta, Texas Deer sir: Hon. Wayne Lerme, Page 2 namer 88 in the aase or a jury 106.' Artiole 1074, Title 15, Chaptor 4 0r the ~068 0r Criminal Procedure or the Stete or Texas was amended by the 416t Legislature at its Regular Session and reads as followm *In oaoh case of convlctlonIn a oounty court, or a County Court at Law, whether by a jury or by a court, there SW be tnxca ae;ainat the aersnaant or tigalnet au. a4renasnts when several are held jointly, a trial ice of Five Dolldi, the same to be collected and aid over in the same manner as in the case or a s my r4e, and in the Justice court the trial re8,ahal.l be.the mm or Seven Dollars. *The raat that a justice or ‘the p&x18 6annot legally charge eny cost8 against the derenaant~ and that a trial roe to be pa%a.to the county nill provide a ruudrrom uhlchto pay the jutlSes ana the justloes, oroatea aa 4awrgeaoy ma an - the publlo necessity that the consfl$u$iona 9 %le requiring bills to be road on three separate days b4 q28penaea, and that this aot take 8rr8te a8 l.i.i;~;Oro rm and after it8 pasaago -a it la 86 .w The above mentioned aot bsoeum ctieetlw mrcb.19, 1929, ana the 41st u&s3~taw, lst cau4a swsian, farther amemlea ArtLo 1074, Title 18, Chapter 4 of tha Code of ctlml- nal h008am8, whbh reads as roii0wi3: *In saoh ease or oontiatloa in a county Courti or a County Court at Law, whothor by a jury 6r by a Court, there-shall be taxed e.&nst tha doten- sent or e@.nat all derenaanta when sweral are held jointly a trlalrea Or Fh Dol&m3, the 88816 to be eolle&a and paid 0~42 in the 88m8 xwumr asp in the o&s4 or the jury ree, anb in the Just104 Court the trial fee shall bq the sum of Four DOuW8. . . . .* This seoond amenbent beaame offestIve ninetv day8 artier xap p;i,19z39, data 0r adjourarueat. lultlcle role, codi 0r Crimlna? pr00craw4 reads a8 rollonn, t nwhenwOr caste havet been erroaecw~lp texed against a aer8na+t, he may have the em-or fmz4. Hon. wayn8'L8r8vr4, Pag4 3 rested, 8na the oosts properly taxed, upon rib Ing a written motion for that purpose in the court In which the 0868 is then or-ties last paa- In& Suahmatlonmny bemfid4 atanytimewithin On8 year attqr the rinciL di.spositlon or the oaae In whiohthe GO&8 wore &U8d, and not afterward. sotloe or suoh motion shall ba given to oaoh party to be a#eatedth4raby, as in the OaS8 of a sin& lar motion in a 0lvl.l action.* Art&l8 102 or the Psaal, cOa8 reads a8 r0ihmt *Any oounty orricer or say aistrlot attOXZl8y to whom r448 or oosts are aUow4d by law who shall rail ta aharge up the r888 or oosts that Rmy be duo undm exlstinglaws,ordho shallremitauy fwthatmaybe due under the law, or who &all rail to make the report roquirea by law, or who Shall pay hiS deputy, olork or as8f8tant a 1888 aumthan 8p40iriOa in hls~swuru rtatunsnt, arm- arive baak a8 a rebate any part of the aoplpaolra- tion allowed 8UOh dsputy, olaFk or assistant, 8hd.l be rinea not 1883 thantrrenty-rive nor wr4 than fiY8 hundred dollars. Sa0h a6.t iorbidd4u by tihd.~ ~~tiO14 %8 a 84parat4 OrrOIiB4." In the 4SS8'0r Lay Y8. State 202 8. W. cI29,it wa8 held that ouly such I44s as are authorized by statute may be 00118dted. In oiew or the roregoing authorities, you us ro- 8 8Otrw aaYiS8a that it iS the Opfnioll Or this d8partnWt ii at the Cox4ulsSfon4rS~ Court has no authority to reruud trial to48 0r CBS88 tried in the Justios.oourts when the law wa8 la 8rf8Ct. allowlag #7.00 trialr4e in JustIae Cburtrr. Emwmr, atier the tmenam4nt or Artlole 1074 aoae 0r Crirpinal Pr004- dure, b the 4lst Legi8latur8, 1st Eau4a sassian, lr a trial r84 or 7.00 was cherged, th4n,tha aorbndant 0ataa ham9 the error COXT8Ot8d and the CWt8 properly tazell UpOn tlllwa writ&on nation ~ror that purpose la the 0ourt ta whloh the ease la then or wa8 last pond-, prodded such 5Otii% was mad4 at any time within one gofir after th4 rlxml dIepositLon 0r the' ease in whioh the oosttawere .tamd and nat aitorararde~ You are ftarthor advised that und4r mtlal4 2.074, cod8 of Crhisial m?WOaUrcl, supra, that in ea4h eefb4 whore Eon.Wayne Lerevre, Page 4 there is a oouviotion In a County Court or 6 County Court at Law th8r8 shall be torea against the d8r8ndI3d or agaimt all a4r4ndants, when several are held jointly, a trial fe8 0r Five Dollars, and In the Just104 Courts the trfsl fee shall be Four Dollars upon convietlon. busting that the roregoing answers your inquiry, we remain Youre wry trnly ATl'QRN?SYOENIRALOFTEXAS HyL&&flz&A-- APPkG;7ik, ATTORNEY GJWZRAL 03 Tmfj