Mark Steven Virovatz v. the State of Texas

Summary

The Texas Court of Appeals for the First District affirmed the conviction of Mark Steven Virovatz for misdemeanor driving while intoxicated and upheld the mandatory $3,000 fine imposed under Texas Transportation Code section 709.001. The court held that the statute does not violate separation of powers and is not unconstitutionally vague regarding the timing of payment, noting that Texas law permits courts to order installment payments.

Holdings

1. Section 709.001 does not violate separation of powers because the Legislature has exclusive authority to define crimes and prescribe criminal penalties, including mandatory fines, and prescribing the fine does not assume or unduly interfere with a power assigned to the judiciary.
2. Section 709.001 is not unconstitutionally vague as applied to Virovatz because its 36-month language establishes a tiered penalty based on prior convictions rather than a deadline for paying the fine, and Texas Code of Criminal Procedure article 42.15 gives trial courts discretion to set the time and manner of payment.
3. The appeal could proceed because, after remand, the trial court orally and in written findings granted Virovatz permission to appeal, satisfying the appellate record's certification requirement.

Questions Presented

1. Whether Texas Transportation Code section 709.001's mandatory $3,000 fine violates the separation-of-powers clause of the Texas Constitution by limiting judicial sentencing discretion and prosecutorial plea-bargaining discretion.
2. Whether section 709.001 is unconstitutionally vague because it does not specify when the mandatory fine must be paid or when the statute's 36-month period begins.

Disposition

affirmed