Jeffrey Dean Strange v. the State of Texas
This text of Jeffrey Dean Strange v. the State of Texas (Jeffrey Dean Strange v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-24-00042-CR
JEFFREY DEAN STRANGE, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 100th District Court Carson County, Texas Trial Court No. 7016, Honorable Dale A. Rabe, Presiding
August 30, 2024 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
Jeffrey Dean Strange appealed from the trial court’s order revoking his deferred
adjudication community supervision, adjudicating him guilty of evading arrest, and
sentencing him to 70 years imprisonment. Three issues pend for review. The State
concedes their accuracy, which will require modification of the judgment.
Background
The order deferring adjudication included a fine of $2,000 and restitution of $180.
However, the trial court did not orally pronounce either after adjudicating guilt and sentencing appellant. Nevertheless, both appeared in the judgment. Moreover, the bill
of costs required appellant to pay $35 for a precept.
Issues One and Two—Imposition of Restitution and Fine
Through his first two issues, appellant argues the $2,000 fine and $180 in
restitution should be deleted from the judgment and bill of costs because neither were
pronounced in open court at the time of sentencing. The State concedes error; thus, we
sustain the issues and will modify the judgment and bill of costs accordingly.
Issue Three—Precept Fee
Via his last issue, appellant argues the $35 fee for a precept should be deleted
from the bill of costs because statute allows only an $8 charge. The State again agrees
with appellant. We sustain the issue and will modify the bill of costs accordingly.
The judgment of the trial court is modified to eliminate both the $2,000 fine and
$180 assessment for restitution. As modified, the judgment is affirmed. We also modify
the bill of costs to redact from it reference, if any, to the $2,000 fine and assessment of
$180 in restitution. The bill of costs is further modified to reduce the precept fee from $35
to $8.
Per Curiam
Do not publish.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
Jeffrey Dean Strange v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffrey-dean-strange-v-the-state-of-texas-texapp-2024.