NO. 12-19-00347-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CHARITY IRVIN, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

§

§

§

APPEAL FROM THE 114TH 

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

Charity Irvin appeals her conviction for possession of less than one gram of 

methamphetamine. In three issues, Appellant argues that the evidence is insufficient to support 

the trial court’s judgment, the trial court erred by empaneling a jury in which one juror 

purportedly could not understand the English language, and the trial court improperly assessed a 

“time payment” fee in its judgment. We modify and affirm as modified.

BACKGROUND

Appellant was charged by indictment with possession of less than one gram of 

methamphetamine and pleaded “not guilty.” The matter proceeded to a jury trial. At the trial’s 

conclusion, the jury found Appellant “guilty” as charged. Following a trial on punishment, the 

jury assessed Appellant’s punishment at imprisonment for twenty-four months. The trial court 

sentenced Appellant accordingly, and this appeal followed.

EVIDENTIARY SUFFICIENCY

In her first issue, Appellant argues that the evidence is legally insufficient to support the 

trial court’s judgment. 
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Standard of Review

The Jackson v. Virginia1 legal sufficiency standard is the only standard that a reviewing 

court should apply in determining whether the evidence is sufficient to support each element of a 

criminal offense that the state is required to prove beyond a reasonable doubt. See Brooks v. 

State, 323 S.W.3d 893, 895 (Tex. Crim. App. 2010). Legal sufficiency is the constitutional 

minimum required by the Due Process Clause of the Fourteenth Amendment to sustain a 

criminal conviction. See Jackson, 443 U.S. at 315–16, 99 S. Ct. at 2786–87; see also Escobedo 

v. State, 6 S.W.3d 1, 6 (Tex. App.–San Antonio 1999, pet. ref’d). The standard for reviewing a 

legal sufficiency challenge is whether any rational trier of fact could have found the essential 

elements of the offense beyond a reasonable doubt. See Jackson, 443 U.S. at 320, 99 S. Ct. at 

2789; see also Johnson v. State, 871 S.W.2d 183, 186 (Tex. Crim. App. 1993). The evidence is 

examined in the light most favorable to the verdict. See Jackson, 443 U.S. at 320, 99 S. Ct. at 

2789; Johnson, 871 S.W.2d at 186. A jury is free to believe all or any part of a witness’s 

testimony or disbelieve all or any part of that testimony. See Lee v. State, 176 S.W.3d 452, 458 

(Tex. App.–Houston [1st Dist.] 2004), aff’d, 206 S.W.3d 620 (Tex. Crim. App. 2006). A 

successful legal sufficiency challenge will result in rendition of an acquittal by the reviewing 

court. See Tibbs v. Florida, 457 U.S. 31, 41–42, 102 S. Ct. 2211, 2217–18, 72 L. Ed. 2d 652 

(1982).

Circumstantial evidence is as probative as direct evidence in establishing guilt, and 

circumstantial evidence alone can be sufficient to establish guilt. Rodriguez v. State, 521 

S.W.3d 822, 827 (Tex. App.–Houston [1st Dist.] 2017, no pet.) (citing Sorrells v. State, 343 

S.W.3d 152, 155 (Tex. Crim. App. 2011)). Each fact need not point directly and independently 

to the guilt of the appellant, provided that the cumulative force of all the incriminating 

circumstances is sufficient to support the conviction. See Hooper v. State, 214 S.W.3d 9, 13 

(Tex. Crim. App. 2007). Juries are permitted to draw multiple reasonable inferences so long as 

each inference is supported by the evidence presented at trial. Id. at 15. Juries are not permitted 

to reach conclusions based on mere speculation or factually unsupported inferences or 

presumptions. Id. An inference is a conclusion reached by considering other facts and deducing 

a logical consequence from them, while speculation is mere theorizing or guessing about the 

possible meaning of facts and evidence presented. Id. at 16.

1 443 U.S. 307, 315–16, 99 S. Ct. 2781, 2786–87, 61 L. Ed. 2d 560 (1979).
3

The sufficiency of the evidence is measured against the offense as defined by a 

hypothetically correct jury charge. See Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. App. 

1997). Such a charge would include one that “accurately sets out the law, is authorized by the 

indictment, does not unnecessarily increase the State’s burden of proof or unnecessarily restrict 

the State’s theories of liability, and adequately describes the particular offense for which the 

defendant is tried.” Id.

Discussion

To support Appellant’s conviction for possession of methamphetamine, the State was 

required to prove that she (1) exercised control, management, or care over the substance and 

(2) knew the matter possessed was contraband. See Poindexter v. State, 153 S.W.3d 402, 405 

(Tex. Crim. App. 2005); see also TEX. HEALTH & SAFETY CODE ANN. §§ 481.102(6) (West 

Supp. 2019), 481.115(a), (b) (West 2017). A person acts knowingly, or with knowledge, with 

respect to the nature of her conduct or to circumstances surrounding her conduct when she is 

aware of the nature of her conduct or that such circumstances exist. See TEX. PENAL CODE ANN.

§ 6.03(b) (West 2011). The State must establish, to the requisite level of confidence, that the 

accused’s connection with the drug was more than just fortuitous. Poindexter, 153 S.W.3d at 

406. When the accused is not in exclusive possession of the place where the substance is found, 

we cannot conclude that she had knowledge of and control over the contraband unless there are 

additional independent facts and circumstances which link the accused to the contraband. Id. 

Links that may circumstantially establish the sufficiency of the evidence to prove that a 

defendant had knowing “possession” of contraband include the following: (1) the defendant’s 

presence when a search is conducted; (2) whether the contraband was in plain view; (3) the 

defendant’s proximity to and the accessibility of the narcotic; (4) whether the defendant was 

under the influence of narcotics when arrested; (5) whether the defendant possessed other 

contraband or narcotics when arrested; (6) whether the defendant made incriminating statements 

when arrested; (7) whether the defendant attempted to flee; (8) whether the defendant made 

furtive gestures; (9) whether there was an odor of contraband; (10) whether other contraband or 

drug paraphernalia were present; (11) whether the defendant owned or had the right to possess 

the place where the drugs were found; (12) whether the place where the drugs were found was 

enclosed; (13) whether the defendant was found with a large amount of cash; and (14) whether 

the conduct of the defendant indicated a consciousness of guilt. See Evans v. State, 202 S.W.3d 
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158, 162 n.12 (Tex. Crim. App. 2006). It is not the number of links that is dispositive, but rather 

the logical force of all of the evidence, both direct and circumstantial. Id. Ultimately, the 

question of whether the evidence is sufficient to link the appellant to the contraband must be 

answered on a case by case basis. See Whitworth v. State, 808 S.W.2d 566, 569 (Tex. App.–

Austin 1991, pet. ref’d).

In the instant case, Smith County Sheriff’s Deputy Kevin Londoff testified that on May 

20, 2018, he initiated a traffic stop on a vehicle driving in the southwest portion of Smith 

County, Texas based on the driver’s failure to display a registration sticker or a front license 

plate. Londoff made contact with the driver and Appellant, the passenger. During this time, 

Londoff asked the driver for consent to search the vehicle, which she gave him. Londoff stated 

that while he searched the passenger side interior of the vehicle, he discovered several handbags. 

According to Londoff, Appellant told him prior to his search of the vehicle that these handbags 

belonged to her. Londoff testified that in one of these handbags, he discovered a cut, red straw 

in which there was a “real fine . . . powder-like substance.” Londoff further testified that he told 

Appellant that the substance he observed in the red straw appeared to be cocaine, to which 

Appellant responded, “It’s not cocaine, it’s meth[.]” Londoff’s body camera video depicting his 

interaction between Appellant and the vehicle’s driver and his search of the vehicle was admitted 

into evidence. Tyler Crime Lab Forensic Scientist Karen Collins testified that the substance 

Londoff discovered in the red straw was methamphetamine, which weighed 0.01 grams. 

We next consider whether the evidence links Appellant to the contraband. See 

Poindexter, 153 S.W.3d at 406. We begin by noting that Appellant was not under the influence 

of narcotics, nor did she possess other contraband or narcotics when arrested. She did not 

attempt to flee and made no furtive gestures. There was no evidence that Londoff detected the

odor of contraband, nor was other contraband or drug paraphernalia located during his search of 

the vehicle. Further, it is undisputed that Appellant did not own or have the right to possess the 

vehicle in question and did not possess a large amount of cash at the time of her arrest. 

On the other hand, Appellant was present when Londoff conducted his search of the 

vehicle. And while the contraband was not in plain view and the handbag where the contraband 

was found amounted to an enclosed space, Appellant told Londoff before he commenced his 

search that the handbags on the passenger’s side floorboard belonged to her. Furthermore, the 

straw containing the methamphetamine was discovered in a handbag in the passenger’s side 
5

footwell in front of Appellant’s seated position and, thus, was accessible by Appellant. 

Moreover, Appellant made an incriminating statement, which also indicated her consciousness of 

guilt, when she corrected Londoff’s statement that the substance in the straw was cocaine by 

informing him that it was, in fact, methamphetamine.

Appellant argues that the evidence supports only a conclusion that she merely was in the 

presence of contraband, which does not amount to evidence of possession. But in making this 

argument, Appellant wholly ignores and omits any reference to the evidence that she (1) stated to 

Londoff that she owned the handbag in which the contraband was discovered and 

(2) demonstrated knowledge of what the contraband was when she corrected Londoff’s statement 

that he believed the substance to be cocaine.2

Having examined the evidence in the light most favorable to the verdict, we conclude that 

the jury reasonably could have determined beyond a reasonable doubt that Appellant exercised 

control, management, or care over the methamphetamine at issue, which she knew to be 

contraband. See id. at 405. Therefore, we hold that the evidence is legally sufficient to support 

the trial court’s judgment. Appellant’s first issue is overruled.

JUROR QUALIFICATION

In her second issue, Appellant argues that the trial court abused its discretion by 

proceeding to trial over her objection and motion to disqualify a newly sworn and empaneled 

juror, who advised the court of her concerns about being able to communicate in English. 

Appellant contends that the trial court’s abuse of discretion resulted in her being tried by an 

eleven-member jury in violation of her constitutional rights.

Standard of Review and Governing Law

The determination as to whether a juror is disabled is within the discretion of the trial 

court. Brooks v. State, 990 S.W.2d 278, 286 (Tex. Crim. App. 1999). Absent an abuse of that 

discretion, no reversible error will be found. Id. A trial court does not abuse its discretion if its 

ruling falls within the “zone of reasonable disagreement.” Montgomery v. State, 810 S.W.2d 

372, 391 (Tex. Crim. App. 1990). We review with considerable deference because the trial 

2 See In re Lerma, 144 S.W.3d 21, 27 (Tex. App.–El Paso 2004) (orig. proceeding) (discussing attorney’s 

duty regarding portrayal of record on appeal).
6

judge is in the best position to evaluate a veniremember’s demeanor and responses. Cf. Gardner 

v. State, 306 S.W.3d 274, 295–96 (Tex. Crim. App. 2009). 

Texas Code of Criminal Procedure, Article 35.16(a)(11) requires that a prospective juror 

have more than a very limited ability to read and write. TEX. CODE CRIM. PROC. ANN. art. 

35.16(a)(11) (West 2006). Mere ability to read or write one’s own name will not suffice. Hodge 

v. State, 896 S.W.2d 340, 343 (Tex. App.–Amarillo 1995, pet. ref’d). The requirement 

contemplates that the juror shall be able to express her ideas in writing. Id. Encompassed within 

Article 35.16(a)(11) is that a juror may be challenged based on her inability to understand 

English. See Stillwell v. State, 466 S.W.3d 908, 912 (Tex. App.–Fort Worth 2015, no pet.). 

Discussion

In the instant case, after the jury was empaneled and sworn, a juror brought her concerns 

over her ability to communicate in English with others to the court’s attention, and the following 

exchange took place:

Judge, I’m so glad that - - you know in the Philippines, our English language is our 

second language.

. . . . 

And I - - I understand in English. But when he talks about 100 percent, you know it’s 

just like I don’t really get it. I mean, I’m just, oh, Lord. I’m kind of nervous. Oh, my goodness, 

why are they going to pick me . . . .

Thereafter, the following discussion was undertaken among the trial court, trial counsel, and the 

juror:

The Court: Did you think about bringing that up before the Court called your name as a 

juror? Like when we were asking the questions and everything, did you think about saying, “You 

know what, I’m not sure I speak English well enough to be on the jury”?

Juror: I’m sorry, Judge, I supposed to -- I supposed to get up and say something -- say

something about that.

The Court: Well, when you were downstairs, they offered you a chance to be excused

because you don’t read, write, or understand English well enough. Did you not understand that?

Juror: I understand it. But it’s kind of too late for me --

The Court: It’s what for you?

[Juror]: It’s kind of too late for me to say that because I thought they were talking about 

those health issues. But then I said, oh, my gosh, why I didn’t, you know.
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The Court: Well, you’ve understood everything I’ve said, right?

Juror: Yes.

The Court: Did you understand the questioning from Ms. Anderson?

Juror: I understand.

The Court: Did you answer the questions truthfully with Ms. Anderson?

Juror: Yes.

The Court: Did you understand Mr. Adams’[s] questions?

Juror: Yes.

The Court: Did you answer those questions truthfully?

Juror: Yes.

The Court: Are you understanding what I’m saying?

Juror: I understand.

The Court: And are you -- what makes you think you’re not going to be able to 

understand?

Juror: Maybe if there is a questions come up, but I don’t really, you know, understand, 

you know. And I don’t know how I say it and I don’t know how to answer it.

The Court: Any questions from the State?

[Prosecuting Attorney]: Ma’am, you said you grew up in the Philippines?

Juror: Yes.

[Prosecuting Attorney]: And English is your second language?

Juror: Yes.

[Prosecuting Attorney]: And when you were growing up in the Philippines, did you learn 

English -- did they teach English in school in the Philippines?

Juror: Yes.

[Prosecuting Attorney]: How long have you at least been familiar with the English --

English language?

Juror: From -- from since when I was elementary up through college.

[Prosecuting Attorney]: Okay. You’re specifically worried about that -- and maybe I 

misunderstood you -- that if something happens during the trial that you -- you don’t fully 

understand, you won’t be able to ask anyone or know how to ask about whatever it was that you

didn’t understand?
8

Juror: I mean, when -- when I answer the question and I don’t know if -- if -- example, if 

you understand the way I answer your question.

[Prosecuting Attorney]: Okay. So are you more concerned with whether or not someone 

can understand you or whether or not you can understand the speaker?

Juror: Someone if -- can understand me.

[Prosecuting Attorney]: Okay.

Juror: Kind of understand.

[Prosecuting Attorney]: Because it sounds like you understand and you speak English 

pretty well.

Juror: I’m just trying.

[Prosecuting Attorney]: You -- and what I mean by that is, it seems to me that we are --

we are able to communicate with one another --

Juror: (Nods head affirmatively).

[Prosecuting Attorney]: -- and understand each other. Would you agree with that?

Juror: I agree with that.

[Prosecuting Attorney]: I don’t have any further questions, Your Honor. I --

The Court: Mr. Adams, --

. . . . 

-- do you have any questions?

[Defense Counsel]: Ma’am, are you worried about not being able to understand things 

that are said during a trial that have to do with legal terms?

JUROR: Yes.

[Defense Counsel]: Okay. Do you have any idea what that might be?

Juror: What idea you’re talking about? What idea are you talking about? I mean . . . [.]

[Defense Counsel]: Well, I guess, if there’s -- if there’s a -- if there’s a legal term that 

might come up during the trial that you wouldn’t be familiar with, then you wouldn’t know what it 

is, right?

Juror: Yes.

[Defense Counsel]: Okay.

Thereafter, the trial court and the juror had the following discussion:

The Court: [Y]ou seem like you understand everything I’m saying to you.
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Juror: (Nods head affirmatively.)

The Court: Yes?

Juror: Yes.

The Court: And I’m not sure what you’re afraid you are not going to understand. I 

understand you think your speaking might not be understood as well, but you certainly can make 

yourself understood. In a jury deliberation context is the only time you would be speaking, and 

you could certainly explain to the jurors with other words. You wouldn’t be required to speak in

an open courtroom about things. So the only part I would have -- be concerned about is if you

wouldn’t understand things that are discussed in the evidence. But that’s just average people 

coming in and saying what they saw and what they did. They’re really not a lot of -- I’m trying to 

think if there are any legal terms usually in, you know, evidence presentation. And maybe, but I 

don’t know. Is that what you’re concerned about? I don’t understand exactly what you’re 

concerned about not getting. I’m not understanding.

Juror: I said a while ago if I’m -- if I am answering the question, if I don’t say it right.

The Court: Well, right. But that’s what I’m saying. You won’t be doing any talking.

Juror: Okay.

The Court: That’s what I’m trying to understand. If it’s your speaking to me or to other

people or us speaking to you. If it’s us -- are you concerned about not understanding things that 

people tell you or that you hear? Are you concerned about that?

Juror: Yes.

The Court: Okay. So what kind of things are you concerned about that you won’t 

understand?

Juror: Just like -- just like when we -- you know, the presentation a while ago, you know, 

there are -- there are questions that I don’t really get it.

The Court: Okay. Okay. Your primary concern is expressing your thoughts in English, 

but you do have some concerns also about understanding what is spoken in your presence?

Juror: Yes, Judge.

The juror then explained to the trial court that she attended elementary and secondary schools as 

well as college in the Philippines and that the classes were taught in English. She further related 

to the trial court that she completed her juror questionnaire on her own and works as a preschool 

teacher where she reads to children.

In Hodge v. State, the court reviewed a trial court’s denial of a motion for mistrial based 

on a juror’s expression to the trial court during deliberations about his difficulty understanding 

English. See 896 S.W.2d at 341. The trial court, trial counsel, and the juror met in chambers to 

discuss the juror’s qualifications to serve. Id. During this meeting, the juror clearly answered 

questions about his length of residence in the county, the entity which employed him, the nature 
10

of his work, facts about his family, and facts about living in Texas and Mexico. See id. He 

acknowledged that he completed his juror questionnaire, and he had no difficulty in answering 

any questions from the judge in the first three pages. Id. But he expressed that he had

difficulties communicating in long conversations and that he is unable to make his point, 

admitted that he did not have a clear picture of what “they” tried to say, and acknowledged that 

he did not understand some of the words used. Id. He stated that although he went to the twelfth 

grade in La Paz, Chihuahua, Mexico, he did not take English in school but learned it from 

conversations. Id. Lastly, the juror admitted that although he had been a citizen of the United 

States for the preceding three years, he had “a problem with speaking [and] writing English 

clearly.” Id. at 342. Following this discussion, the trial court denied the appellant’s motion for 

mistrial. Id.

In concluding that the trial court did not abuse its discretion in finding the juror to be 

qualified to serve, the court of appeals reasoned that the juror exhibited a greater command of the 

English language than merely writing his name and reading on a fourth grade level. Id. at 343 

(citing cf. Johnson v. State, 773 S.W.2d 322, 331–32 (Tex. Crim. App. 1989) (upholding 

disqualification of venireperson when she had only a fourth-grade education and the juror 

questionnaire contained words she did not understand); Allridge v. State, 762 S.W.2d 146, 164–

65 (Tex. Crim. App. 1988) (upholding determination of disqualification where venireperson 

volunteered, “I don’t know how to read or write too well,” did not fill out his jury questionnaire 

“because I don’t know how to write,” and only had gone to the fourth grade and had no other 

English training)). The court further noted that the juror was able, without assistance, to 

complete the juror questionnaire. See Hodge, 896 S.W.2d at 343 (citing cf. Montoya v. State, 

810 S.W.2d 160, 169–70 (Tex. Crim. App. 1989) (no reversible error where venireperson 

excused because he needed the assistance of interpreter and testified he had limited 

understanding of English and became confused when the prosecutor attempted to explain the 

procedures); Goodwin v. State, 799 S.W.2d 719, 735–36 (Tex. Crim. App. 1990) (evidence 

sufficient to sustain a challenge where venireperson had to have help in filling out questionnaire 

because she could not write)). Lastly, the court emphasized that the juror was able to 

communicate verbally and answer questions propounded to him by the trial judge. See Hodge,

896 S.W.2d at 343. And although it acknowledged that the juror expressed some difficulty in 
11

communicating with large words or for long periods of time, it determined that these matters 

standing alone are not sufficient to establish disqualification as a matter of law. See id. at 343.

In this case, the juror communicated at length in English with the trial court, and it later 

was determined that she completed her elementary, secondary, and college education in the 

Philippines in classes taught in English. The juror further confirmed that she understood what 

was said during voir dire, that she effectively could communicate in English, and that she 

completed the juror questionnaire herself. She also conveyed that she works as a preschool 

teacher where she reads to children. Based on the foregoing, giving considerable deference to 

the trial court, which was in the best position to evaluate the juror’s demeanor and responses, we 

conclude that the trial court’s ruling that the juror was qualified to serve was not outside the zone 

of reasonable disagreement. See Montgomery, 810 S.W.2d at 391; see also Hodge, 896 S.W.2d 

at 343; Cf. Gardner, 306 S.W.3d at 295–96. Therefore, we hold that the trial court did not abuse 

its discretion in overruling Appellant’s motion to disqualify the juror. Appellant’s second issue 

is overruled.

COURT COSTS

In her third issue, Appellant argues that the trial court erred in assessing a “time 

payment” fee previously authorized by Texas Local Government Code, Section 133.103 in its 

judgment.3 The State concedes that this fee is facially unconstitutional. We agree. See Salinas

v. State, 523 S.W.3d 103, 112 n. 54 (Tex. Crim. App. 2017); see also Ovalle v. State, 592 

S.W.3d 615, 618 n.1 (Tex. App.—Dallas 2020, pet. filed); Simmons v. State, 590 S.W.3d 702, 

712 (Tex. App.–Waco 2019, no pet.); Dulin v. State, 583 S.W.3d 351, 353 (Tex. App.–Austin 

2019, no pet.); Johnson v. State, 573 S.W.3d 328, 340 (Tex. App.–Houston [14th Dist.] 2019, no 

pet.) (concluding that, because the portions of time payment fee authorized by subsections 

Section 133.103(b) and (d) were deposited in general revenue and were not sufficiently allocated 

3 The Texas Legislature passed legislation, effective January 1, 2020, that transfers Texas Local 

Government Code, Section 133.103 to Texas Code of Criminal Procedure, Article 102.030 and revises the statute to 

provide that all of the fees collected under the section are “to be used for the purpose of improving the collection of 

outstanding court costs, fines, reimbursement fees, or restitution or improving the efficiency of the administration of 

justice in the county or municipality.” See Act of May 23, 2019, 86th Leg., R.S., S.B. 346, § 2.54, 2019 Tex. Sess. 

Law Serv. Ch. 1352. The changes apply only to a cost, fee, or fine assessed on a conviction for an offense 

committed on or after the effective date of the Act. Id. § 5.01. Because the offense in this case was committed 

before January 1, 2020, the former law applies. See Ovalle v. State, 592 S.W.3d 615, 617 n.1 (Tex. App.–Dallas 

2020, pet. filed).
12

to administration of criminal justice system, those subsections were facially unconstitutional as 

violating the separation-of-powers provision of Texas Constitution).

Here, the judgment of conviction reflects that the trial court assessed $289.00 in court 

costs. The judgment includes a document identified as “Attachment A Order to Withdraw 

Funds,” which states that Appellant has incurred “[c]ourt costs, fees and/or fines and/or 

restitution” in the amount of $289.00. The certified bill of costs itemizes the court costs 

imposed, which total $289.00 with a $289.00 balance remaining. The bill of costs indicates that 

the $25.00 time payment fee will be assessed if any part of the court costs is paid on or after the 

31st day after the date the judgment assessing the court costs is entered. But see TEX. LOC.

GOV’T CODE ANN. § 133.1103(c) (West Supp. 2019) (treasurer shall deposit ten percent of fees 

collected under this section in general fund of county or municipality for purpose of improving 

efficiency of administration of justice in county or municipality).

The proper remedy when a trial court erroneously includes amounts as court costs is to 

modify the judgment to delete erroneous amounts. See Sturdivant v. State, 445 S.W.3d 435, 443 

(Tex. App.–Houston [1st Dist.] 2014, pet. ref’d). Accordingly, we will modify the trial court’s 

judgment and Attachment A to reflect the appropriate assessment of court costs that do not 

include the time payment fee. See Ovalle, 592 S.W.3d at 618. Appellant’s third issue is 

sustained.

CONCLUSION

Having sustained Appellant’s third issue, we modify the trial court’s judgment to reflect 

that the amount of court costs is $266.50. See TEX. R. APP. P. 43.2(b). We also modify

Attachment A to state that the total amount of “court costs, fees and/or fines and/or restitution” is 

$266.50. See id. Having overruled Appellant’s first and second issues, we affirm the trial 

court’s judgment as modified.

JAMES T. WORTHEN

Chief Justice

Opinion delivered September 9, 2020.

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

(DO NOT PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

SEPTEMBER 9, 2020

NO. 12-19-00347-CR

CHARITY IRVIN,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 114th District Court

of Smith County, Texas (Tr.Ct.No. 114-1520-18)

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

herein, and the same being considered, it is the opinion of this court that the judgment of the trial

court below should be modified and as modified, affirmed. 

It is therefore ORDERED, ADJUDGED and DECREED that the judgment of 

the court below be modified to reflect that the amount of court costs is $266.50. It is further 

ORDERED, ADJUDGED and DECRED that Attachment A is modified to state that the total 

amount of “court costs, fees and/or fines and/or restitution” is $266.50, and as modified, the 

judgment of the trial court is affirmed; and that this decision be certified to the court below for 

observance.

James T. Worthen, Chief Justice. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.