Trevor Dallas Blankenship v. the State of Texas

Summary

The Court of Appeals for the Second Appellate District of Texas reviewed Anders appeals from misdemeanor convictions for unlawful carrying of a weapon and driving while intoxicated. The court granted appointed counsel's motion to withdraw, deleted an unpronounced fine and certain reimbursement fees and court costs from the judgments, and affirmed the judgments as modified.

Holdings

1. Counsel's Anders brief and motion to withdraw satisfied the applicable requirements, and independent review of the records revealed no arguable grounds for relief apart from correctable monetary errors.
2. The $100 fine in the DWI judgment had to be deleted because the trial court did not orally pronounce it.
3. The court deleted the $2 reimbursement fee assessed in each judgment because the records did not show that a qualifying transaction had occurred.
4. The court deleted the $270 in court costs from the judgment in trial court cause number 1784261 because costs may be assessed only once in a single criminal action involving multiple convictions.

Questions Presented

1. Whether appointed appellate counsel could withdraw under Anders after representing that no nonfrivolous issue existed.
2. Whether the judgments improperly assessed a $100 DWI fine that was not orally pronounced.
3. Whether the judgments improperly assessed $2 reimbursement fees when the records showed no qualifying transaction had occurred.
4. Whether court costs could be assessed twice in a single criminal action involving multiple convictions.

Disposition

affirmed