Damorian Dante Hall v. The State of Texas

Summary

The Texas Court of Appeals, Second Appellate District, reviewed Anders appeals from judgments adjudicating Damorian Dante Hall’s guilt after revocation of deferred adjudication community supervision. The court modified the robbery judgment and related financial assessments by deleting an unpronounced fine, reimbursement fees, unsupported reparations, and a premature time-payment fee, while retaining supported reparations in the indecency case. The judgments were affirmed as modified, and appointed counsel’s motion to withdraw was granted.

Holdings

1. The fines must be deleted from both judgments because the trial court did not orally pronounce a fine when it adjudicated Hall guilty and sentenced him.
2. The $2,560 attorney-fee reimbursement assessment must be deleted because the record contains no determination that Hall had the financial resources or ability to pay attorney's fees.
3. The $25 time-payment fee was prematurely assessed and must be deleted without prejudice to future assessment if Hall fails to pay other court costs more than thirty days after issuance of the appellate mandate.
4. The $4,718 reparations assessment in the robbery case must be deleted because the record did not establish the authority, nature, or amount of the assessment, while the $415 reparations assessment in the indecency case may remain because the record supported its itemized components as supervision-condition fees.
5. Except for correctable errors in the monetary assessments, the appeals were wholly frivolous and without merit, and no arguable ground for reversal appeared in the independently reviewed record.

Questions Presented

1. Whether fines included in the written judgments could stand when the trial court did not orally pronounce fines when it adjudicated Hall guilty and revoked deferred adjudication.
2. Whether the robbery-case judgment and bill of costs could include $2,560 in attorney-fee reimbursement without a present determination that Hall had financial resources or the ability to pay.
3. Whether the $25 time-payment fee was prematurely assessed while Hall's appeal was pending.
4. Whether the reparations assessments were supported by the record and could properly appear in the written judgments.
5. Whether the Anders record contained any nonfrivolous grounds for reversal.

Disposition

affirmed