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Brenda's Husband, Joe's Dad and Bonny's Brother.

Monday, February 25, 2013

Check the Fees in Your Criminal Judgments before the Nines in Beaumont

On Wednesday, February 13, 2013, Texas's Ninth Court of Appeals in Beaumont issued seven memorandum criminal opinions, four of which modified the fees in the judgments affirmed.

  1. In Justin Tyrone Young v. State, No. 09-11-00681-CR, (no pet. h.) Young had been ruled indigent for trial. He got community supervision and admitted violating it. The trial judge had awarded the State  an attorney's  fee, but never changed his indigency status. Justice Charles Kreger wrote for a panel including Justices David Gaultney and Hollis Horton subtracting the attorney's fee from the judgment.
  2. In Kevin Earl Kirkland v. State, No. 09-12-00230-CR (no pet. h.) the trial judge did not pronounce the fine that appeared in the judgment. Hollis Horton wrote for a panel including Chief Justice Steve McKeithen and Charles Kreger.subtracting the fine from the deferred adjudication order.
  3. David Gaultney wrote for a panel including Steve McKeithen and Charles Kreger striking attorney's fees in Harold Donald Waldrep v. State, Nos. 09-12-00299-CR and 09-12-00300-CR (no pet. h.) basically as in Young above.
  4. Joshua Christopher Childs v. State, No.09-12-00465-CR (no pet. h.) held that, as in Kirkland above, the trial judge did not pronounce the fine appearing in the judgment. Steve McKeithen wrote this opinion for a panel including Charles Kreger and Hollis Horton.