Tyree Jacoby Allen Patterson v. the State of Texas

Summary

The Ninth Court of Appeals of Texas reviewed Anders appeals from Patterson’s convictions for burglary of a habitation with attempted sexual assault in two trial causes. The court found no reversible error and concluded the appeals were wholly frivolous. It affirmed one judgment and affirmed the other as modified to delete duplicative court costs.

Holdings

1. After reviewing the entire record, counsel's briefs, and Patterson's pro se briefs, the court found no reversible error and concluded that both appeals were wholly frivolous; therefore, appointment of new counsel for rebriefing was unnecessary.
2. When a criminal defendant is convicted of two or more offenses in the same action, the trial court may assess each court cost or fee only once.
3. The court of appeals may modify a trial court's judgment to delete an improper duplicative court-cost assessment and affirm the judgment as modified.

Questions Presented

1. Whether the Anders review of the records and pro se briefs revealed any arguable ground for reversal or reversible error.
2. Whether the trial court could assess the same court costs in both causes when Patterson was convicted of two or more offenses in the same action.
3. Whether the judgment in trial cause number 21DC-CR-00624 should be modified to delete duplicative court costs.

Disposition

other