Kevin Lee Buhl v. State

• Court: Court of Appeals of Texas
• Decided: March 3, 2021
• Docket: 10-20-00088-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-20-00088-CV

KEVIN LEE BUHL, Appellant v.

THE STATE OF TEXAS, Appellee

From the 54th District Court McLennan County, Texas Trial Court No. 1995-379-C2

MEMORANDUM OPINION

In this proceeding, appellant Kevin Lee Buhl, a prison inmate, complains that he

did not receive notice and the opportunity to be heard before the trial court rendered an

order directing the withholding of funds from Buhl's inmate account. The Supreme Court

of Texas has held that the notice and opportunity to complain about the order after it has

been rendered is adequate under the circumstances. See Harrell v. State, 286 S.W. 3d 315,

321 (Tex. 2007) (“an inmate is entitled to notice just as happened here (via copy of the

order, or other notification, from the trial court) and an opportunity to be heard just as happened here (via motion made by the inmate)--but neither need occur before the funds

are withdrawn.”). Appellant's sole issue on appeal is overruled, and the trial court's

order is affirmed.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Neill, and Justice Scoggins 1 Affirmed Opinion delivered and filed March 3, 2021 Do not publish [CV06]

1 The Honorable Al Scoggins, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE §§ 74.003, 75.002, 75.003.

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