Kimberly Sueanne Drake v. the State of Texas

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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