NO. 12-13-00132-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JASON BASS, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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APPEAL FROM THE 7TH

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

Jason Bass appeals his conviction for sexual assault of a child. In his sole issue on 

appeal, he contends that the evidence is insufficient to support the trial court’s assessment of 

court costs. We modify the judgment of the trial court, and affirm as modified.

BACKGROUND

Appellant was indicted for sexual assault of a child. The indictment also alleged that 

Appellant had a prior felony conviction, raising the punishment level to that of a first degree 

felony. After rejecting a plea offer by the State, and just as voir dire was to commence for his 

jury trial, Appellant pleaded “guilty” and “true” to the enhancement allegation without an 

agreement as to punishment. The trial court accepted Appellant’s pleas and found him guilty.

After a punishment hearing, the trial court sentenced Appellant to life imprisonment. 

Additionally, the trial court ordered Appellant to pay court costs in the amount of $669.00. This 

appeal followed.

COURT COSTS

In his sole issue, Appellant contends the trial court erred in assessing attorney’s fees 

against him. He argues that the trial court determined that he is indigent and appointed counsel to 
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represent him. Therefore, his argument continues, the judgment should be reformed to delete the 

$300.00 attorney’s fee assessed against him. The State concedes the error.

The record shows that the trial court found Appellant indigent and appointed counsel. 

The bill of costs from the district clerk’s office reflects a total outstanding balance of $669.00, 

which includes a $300.00 assessment for attorney’s fees. The judgment orders Appellant to pay 

$669.00 in court costs. Additionally, an order to withdraw funds for the full amount of court 

costs, including the attorney’s fees, was rendered ordering payment of the costs out of 

Appellant’s inmate trust account. This order was incorporated into the judgment.

Unless a material change in a criminal defendant’s financial resources is established by 

competent legal evidence, once that defendant has been found to be indigent, he is presumed to 

remain indigent for the remainder of the proceedings. TEX. CODE CRIM. PROC. ANN. art. 26.04(p) 

(West Supp. 2013). Without record evidence demonstrating a defendant’s financial resources to 

offset the costs of legal services, a trial court errs if it orders reimbursement of court appointed 

attorney’s fees. Williams v. State, 332 S.W.3d 694, 699 (Tex. App.—Amarillo 2011, pet. 

denied). Here, both sides agree that there is nothing in the record to indicate that Appellant’s 

indigent status has changed. Therefore, the trial court erred in ordering Appellant to pay the 

attorney’s fees. Likewise, the court’s order to withdraw funds, which is incorporated into the 

judgment, erroneously orders payment of the full $669.00 out of Appellant’s inmate trust 

account. We sustain Appellant’s sole issue.

DISPOSITION

Where, on appeal, this court has the information necessary for reformation, the judgment 

will be reformed and corrected on appeal. See Stokes v. State, 688 S.W.2d 539, 542 (Tex. Crim. 

App. 1985). Accordingly, we modify the trial court’s judgment and the order to withdraw funds 

to reflect that the amount of court costs is $369.00. As modified, we affirm the trial court’s 

judgment.

BRIAN HOYLE

 Justice

Opinion delivered May 30, 2014.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MAY 30, 2014

NO. 12-13-00132-CR

JASON BASS,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 7th District Court 

of Smith County, Texas (Tr.Ct.No. 007-1256-12)

THIS CAUSE came on to be heard on the appellate record and the briefs 

filed herein; and the same being inspected, it is the opinion of the Court that the trial court’s 

judgment below should be modified and, as modified, affirmed.

It is therefore ORDERED, ADJUDGED and DECREED that the trial 

court’s judgment and the order to withdraw funds below be modified to reflect that the amount 

of court costs is $369.00; and as modified, the trial court’s judgment is affirmed; and that this 

decision be certified to the trial court below for observance.

Brian Hoyle Justice.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.