Tara Kellie Brown v. the State of Texas

Summary

The Thirteenth Court of Appeals of Texas considered challenges to a bill of costs and judgment following the adjudication of Tara Kellie Brown’s guilt for injury to an elderly individual. The court modified the bill of costs to remove an unpronounced $100 fine and modified the judgment to reflect $495 in court costs, affirming the judgment as modified.

Holdings

1. A fine may not be included in the bill of costs when it was not orally pronounced in the defendant's presence as part of the sentence. The court modified the bill of costs to reflect a fine of zero.
2. The judgment was properly modified to reflect $495 in court costs, the amount listed in the certified bill of costs, because Brown did not specifically challenge the basis for any individual cost.

Questions Presented

1. Whether a $100 fine could be included in the bill of costs when the fine was not orally pronounced in Brown's presence.
2. Whether the judgment should be modified to reflect $495 in court costs listed in the certified bill of costs rather than the $290 stated in the judgment.

Disposition

other