Summary
The Texas Court of Appeals, Thirteenth District, affirmed Daniel Clayton Stogner’s conviction for possession of four or more but less than 200 grams of methamphetamine and his five-year prison sentence. The court held that the evidence was legally sufficient to establish knowing possession and rejected challenges to the assessment of court costs and a fine against an indigent defendant, including claims concerning the absence of a separate hearing.
Holdings
- The evidence was legally sufficient for a rational juror to find beyond a reasonable doubt that Stogner knowingly or intentionally possessed at least four grams of methamphetamine.
- The trial court did not err by assessing $290 in mandatory court costs against Stogner, despite his indigency, with payment ordered upon release from confinement.
- The trial court did not err by leaving intact the $2,500 fine imposed on Stogner despite his indigency.
- Stogner forfeited any right to an on-the-record ability-to-pay inquiry by failing to request one or object to its absence in the trial court.
Questions Presented
- Whether legally sufficient evidence supported Stogner's conviction for knowingly possessing four grams or more but less than 200 grams of methamphetamine.
- Whether the trial court could assess mandatory court costs against Stogner despite his indigency.
- Whether the trial court could impose the $2,500 fine despite Stogner's indigency.
- Whether the assessment of court costs and the fine was invalid because the trial court did not conduct an on-the-record ability-to-pay hearing.
- Whether Stogner preserved his challenge to the absence of an ability-to-pay inquiry.
Disposition
affirmed
Cases Cited (41)
- David v. State, 663 S.W.3d 673, 678 (Tex. Crim. App. 2022)(followed)
- Jackson v. Virginia, 443 U.S. 307, 318–19, 326 (1979)(followed)
- Kiffe v. State, 361 S.W.3d 104, 107–08 (Tex. App.—Houston [1st Dist.] 2011, pet. ref'd)(followed)
- Brooks v. State, 323 S.W.3d 893, 895 (Tex. Crim. App. 2010)(followed)
- Ogbuehi v. State, 706 S.W.3d 689, 694 (Tex. App.—Austin 2025, no pet.)(followed)
- Hooper v. State, 214 S.W.3d 9, 13, 16 (Tex. Crim. App. 2007)(followed)
- Cordova v. State, 698 S.W.2d 107, 111 (Tex. Crim. App. 1985)(followed)
- Kuciemba v. State, 310 S.W.3d 460, 462 (Tex. Crim. App. 2010)(followed)
- Hernandez v. State, 161 S.W.3d 491, 501 (Tex. Crim. App. 2005)(followed)
- Merritt v. State, 368 S.W.3d 516, 525–26 (Tex. Crim. App. 2012)(followed)
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Court Document
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