Graves, Brandy Nicole v. State

Opinion

Order entered September 12, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-12-00810-CR

No. 05-12-00811-CR

BRANDY NICOLE GRAVES, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas

Trial Court Cause Nos. F12-27900-H, F-11-45869-H

ORDER

On May 30, 2013 we ordered the Dallas County District Clerk to prepare and file a

supplemental clerk’s record containing a detailed itemization of the costs assessed in this case, including but not limited to, specific court costs, fees, and court appointed attorney fees. The Dallas County Clerk subsequently filed a supplemental record. However, the detail itemization of costs included in the supplemental record does not comply with the Texas Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. arts. 103.001, 103.006 (West 2006).

Accordingly, we ORDER the Dallas County District Clerk to file, within seven days of the date of this order, a second supplemental clerk’s record that contains a detailed itemization of the costs assessed in this case that complies with article 103.001 and 103.006 of the Texas Code of Criminal Procedure. See id. art. 103.001 (“A cost is not payable by the person charged with the cost until a written bill is produced or is ready to be produced, containing the items of cost, signed by the officer who charged the cost or the officer who is entitled to receive payment for the cost.”) (emphasis added). 103.006 (“if a criminal action or proceeding . . . is appealed, an officer of the court shall certify and sign a bill of costs that have accrued and send the bill to the court in which the action or proceeding is . . . appealed) (emphasis added).

/s/ KERRY P. FITZGERALD JUSTICE