Dustin Lee Jones v. the State of Texas

Summary

The Seventh Court of Appeals of Texas considered an Anders appeal from the revocation of deferred adjudication community supervision and adjudication of guilt for continuous violence against the family. The court found no non-frivolous grounds for reversal, granted appointed counsel’s motion to withdraw, and affirmed the judgment as modified. The court deleted a premature time-payment fee and certain post-adjudication attorney’s fees, and ordered an amended bill of costs.

Holdings

1. After independently examining the record, counsel's brief, and Jones's response, the court found no plausible basis for reversal and granted counsel's motion to withdraw.
2. A time-payment fee assessed before appellate mandate issues is premature and must be deleted in its entirety, without prejudice to refiling when the fee becomes ripe.
3. The trial court may not order reimbursement of court-appointed attorney's fees without record evidence demonstrating the defendant's present financial resources and ability to pay. Because the record showed no material change in Jones's indigent status or present ability to pay, the $2,090 post-adjudication assessment and any provision for its future collection had to be deleted.

Questions Presented

1. Whether independent review under Anders revealed any nonfrivolous issue requiring reversal of Jones's conviction or sentence.
2. Whether the $15 time-payment fee was prematurely assessed while the appeal was pending.
3. Whether the post-adjudication assessment of $2,090 in court-appointed attorney's fees was supported by evidence of Jones's present ability to pay.
4. Whether the judgment and bill of costs should be reformed to delete the challenged fees and any provision for future collection.

Disposition

other