Kimberly Sueanne Drake v. the State of Texas
This text of Kimberly Sueanne Drake v. the State of Texas (Kimberly Sueanne Drake 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 Sixth Appellate District of Texas at Texarkana
No. 06-22-00059-CR
KIMBERLY SUEANNE DRAKE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th District Court Lamar County, Texas Trial Court No. 29024
Before Morriss, C.J., Stevens and van Cleef, JJ. Memorandum Opinion by Justice van Cleef MEMORANDUM OPINION
Kimberly Sueanne Drake appealed the imposition of attorney fees and a time payment
fee resulting from her conviction of possession of a controlled substance in an amount less than
one gram. During the pendency of this appeal, on June 16, 2022, the trial court sua sponte
entered a nunc pro tunc judgment adjudicating guilt. The State has provided us with a
supplemental record showing that (1) the trial court did not assess attorney fees in the nunc pro
tunc judgment and (2) there is no balance due for either the attorney fees or the time payment fee
in the amended bill of costs. Consequently, Drake’s complaint regarding the erroneous
assessment of fees is moot.
Accordingly, we affirm the trial court’s nunc pro tunc judgment adjudicating guilt.
Charles van Cleef Justice
Date Submitted: July 26, 2022 Date Decided: August 11, 2022
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