Summary
The Fourteenth Court of Appeals of Texas affirmed two aggravated-sexual-assault-of-a-child convictions and concurrent 15-year sentences, modifying the judgments to remove statements that the defendant waived his right to appeal. The court upheld court costs for DNA testing and processing a capias, concluding that both costs had statutory bases and that supporting trial evidence was not required. The court also rejected the facial constitutional challenge to the DNA-testing fee.
Topics
Practice areas
Questions Presented
- Whether the $250 DNA-testing fee assessed under Texas Code of Criminal Procedure article 102.020 was an unconstitutional tax and should be removed from the judgments.
- Whether the $50 fee for serving or processing a capias was properly assessed without documentation showing that a capias was actually served.
- Whether the judgments should be modified to delete recitations that Martin waived his right to appeal and had no permission to appeal.
Holdings
- Martin failed to satisfy his burden to show that Texas Code of Criminal Procedure article 102.020 is facially unconstitutional; the DNA-testing fee was properly included in the court costs.
- The $50 fee for serving or processing a capias was properly assessed because article 102.011(a)(2) requires the fee for an issued arrest warrant or capias, and execution is relevant only to determining which law-enforcement agency receives the fee.
- The judgments were incorrect in stating that Martin waived his right to appeal and that no permission to appeal had been granted; the court modified each judgment to delete that statement.
Key quotations
“In reviewing the assessment of court costs, we must determine if there is a basis for the cost, not if sufficient evidence was offered at trial to prove the cost.” (2)
“Therefore, even if the warrant was not executed, article 102.011(a)(2) still requires appellant to pay the fee.” (5)
“The judgments are incorrect in their statements that appellant has waived the right to appeal.” (6)
Factual background
Martin pleaded guilty without a sentencing recommendation to two aggravated-sexual-assault-of-a-child charges and received concurrent fifteen-year sentences. Each judgment ordered payment of all fines, court costs, and restitution; the assessed court costs were $635 in one case and $594 in the other. Both bills of costs included a $250 DNA-testing fee and a $50 fee for serving capias. The judgments also stated that Martin had waived his right to appeal and that no permission to appeal had been granted.
Procedural history
The 338th District Court of Harris County entered judgments assessing court costs, including DNA-testing and capias-related fees, and stating that Martin had waived his right to appeal. Martin did not challenge his convictions or sentences but challenged the costs and the appeal-right recitations. The Fourteenth Court of Appeals overruled the cost challenges, sustained the challenge to the judgment language, modified both judgments, and affirmed as modified.