Shockley, John David v. State

Opinion

Order entered September 26, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-12-00707-CR

JOHN DAVID SHOCKLEY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F11-51734-T

ORDER

On June 12, 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. On July 17, 2013, the Dallas County District Clerk filed a supplemental clerk’s record. However, the detailed 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 articles 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); id. art. 103.006 (“If a criminal action or proceeding . . . is appealed, an officer of the court shall certify and sign a bill of costs stating the costs that have accrued and send the bill of costs to the court to which the action or proceeding is . . . appealed.”) (emphasis added).

/s/ JIM MOSELEY

PRESIDING JUSTICE