In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06-19-00027-CR

MICHAEL HENRY COSSMAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 276th District Court

Marion County, Texas

Trial Court No. F14877

Before Morriss, C.J., Burgess and Stevens, JJ.

Memorandum Opinion by Justice Burgess
2

MEMORANDUM OPINION

Michael Henry Cossman pled guilty to and was convicted of failure to register as a sex 

offender. While the trial court sentenced Cossman to two years’ confinement in state jail and 

ordered him to pay a $700.00 fine and $400.00 in attorney fees, it suspended the imposition of the 

sentence in favor of placing Cossman on community supervision for two years. Cossman’s

community supervision was revoked after the trial court found true the State’s allegation that he 

did not comply with the term requiring him to register the vehicle he was operating. As a result, 

the trial court imposed the previously suspended sentence, but waived the $750.00 fine, and 

assessed an additional $350.00 in attorney fees for Cossman’s court-appointed counsel.

On appeal, Cossman argues that (1) the State failed to meet its burden of proof on the 

allegation contained in its revocation motion and (2) the trial court erred in assessing attorney fees 

for his court-appointed counsel. We find that sufficient evidence supports the trial court’s finding 

of true on the State’s allegation. However, because we conclude that the $350.00 in additional 

attorney fees was improperly assessed, we modify the trial court’s judgment by deleting that

assessment. As modified, we affirm the trial court’s judgment. 

I. The Trial Court Did Not Abuse Its Discretion in Revoking Cossman’s Community 

Supervision

In its decision to revoke community supervision, the trial court has broad discretion; 

therefore, the normal standards for reviewing the evidence do not apply. Miles v. State, 343 

S.W.3d 908, 913 (Tex. App.—Fort Worth 2011, no pet.) (evidentiary sufficiency challenges on 

appeal do not apply to decision to revoke community supervision); Pierce v. State, 113 S.W.3d 

431, 436 (Tex. App.—Texarkana 2003, pet. ref’d). We review an order revoking community 
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supervision under an abuse-of-discretion standard. Rickels v. State, 202 S.W.3d 759, 763 (Tex. 

Crim. App. 2006); Hammack v. State, 466 S.W.3d 302, 304 (Tex. App.—Texarkana 2015, no pet.); 

Pierce, 113 S.W.3d at 436. 

The State’s burden of proof to revoke community supervision is by a preponderance of the 

evidence. Rickels, 202 S.W.3d at 763; Pierce, 113 S.W.3d at 436. The revocation order is 

“supported by a preponderance of the evidence” if the “greater weight of the credible evidence . .

. would create a reasonable belief that the defendant has violated a condition of his probation.” 

Rickels, 202 S.W.3d at 763–64 (quoting Scamardo v. State, 517 S.W.2d 293, 298 (Tex. Crim. App. 

1974)). Assessing the witnesses’ credibility and the weight to be given their testimony is the role 

of the trial court. In re T.R.S., 115 S.W.3d 318, 321 (Tex. App.—Texarkana 2003, no pet.) (citing 

Jones v. State, 787 S.W.2d 96, 97 (Tex. App.—Houston [1st Dist.] 1990, pet. ref’d)). We examine 

the evidence in the light most favorable to the trial court’s judgment. Id. (citing Jackson v. State, 

645 S.W.2d 303, 305 (Tex. Crim. App. 1983)).

The terms and conditions of Cossman’s community supervision required him to comply 

with sex-offender registration requirements. Section 62.051 of the Texas Code of Criminal 

Procedure contains the general registration requirements, which required Cossman to, among other 

things, complete a registration form that included information related to “the make, model, vehicle 

identification number, color, and license plate number, of any vehicle owned by the person” and 

“any other information required by the department.” TEX. CODE CRIM. PROC. ANN.

art. 62.051(c)(8), (9). Because Cossman did not own the vehicle he failed to register, he argues 

that the evidence was insufficient to support the trial court’s revocation. We disagree.
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At the revocation hearing, Chuck Rogers, Cossman’s registration officer, testified that 

Cossman was required to annually report and register with the Marion County Sheriff’s Office. 

Rogers testified that Cossman’s registration requirements mandated that he register any vehicle he 

either owned or operated. Rogers said that he told Cossman to report a vehicle if he had access to 

or drove the vehicle and that Cossman initialed the imposed requirement. According to Rogers, 

Cossman averred on July 5, 2018, that he was driving a green 2000 Ford F-150 truck with a license 

plate number of 679884F.

Rogers and Brandt Smith, a trooper with the Texas Department of Public Safety, testified 

that Cossman was later arrested while driving a blue 1997 Ford Ranger bearing license plate 

number DJD1652. Rogers clarified that Cossman’s failure to report that he was driving a new 

vehicle constituted a violation of his sex-offender registration requirements. 

Cossman testified that he understood the requirement to report any vehicles operated or 

possessed by him. He claimed that he had reported the 1997 Ford Ranger in a letter placed in the 

mail slot of the Marion County Sheriff’s Office. Rogers testified that he did not receive the letter. 

The trial court heard ample evidence establishing that Cossman had a duty to report and 

register any vehicle driven by him. Although Cossman claimed he complied with the requirement 

by slipping a note identifying the 1997 Ford in the mail slot, the trial court was entitled to 

disbelieve Cossman’s claim, given Rogers’ testimony. 
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We find that the greater weight of credible evidence, viewed in the light most favorable to 

the judgment of revocation, created a reasonable belief that Cossman violated a term and condition 

of his community supervision. Accordingly, we overrule Cossman’s first point of error.1

II. We Modify the Judgment by Deleting the Assessment of Attorney Fees for Counsel

During the Revocation Proceeding

The trial court originally assessed $400.00 in attorney fees in its judgment placing Cossman 

on community supervision and included payment of the fees as a term and condition of Cossman’s 

community supervision. On revocation, the trial court also assessed $350.00 in attorney fees for 

Cossman’s court-appointed counsel during the revocation proceedings. Cossman argues that the 

assessment of $750.00 in attorney fees was erroneous because he was indigent. The State concedes 

that Cossman was indigent and that the $350.00 assessed on revocation should be deleted.2 

However, the State argues that the $400.00 assessment must remain. We agree. 

A defendant placed on community supervision may challenge for the first time on appeal 

the sufficiency of the evidence supporting the assessment of attorney fees in his judgment of 

conviction and imposed as a condition of community supervision. Wiley v. State, 410 S.W.3d 313, 

320 (Tex. Crim. App. 2013). This is because a claim of insufficient evidence to support imposition 

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Cossman also argues that the evidence was insufficient to support the trial court’s revocation on other grounds alleged 

in the State’s motion. Proof by a preponderance of the evidence as to any one of the alleged violations is sufficient to 

support a trial court’s decision to revoke community supervision. Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim. 

App. [Panel Op.] 1980). Having found sufficient evidence to support revocation on one ground, we need not address 

the remaining grounds for revocation. See id.; Lively v. State, 338 S.W.3d 140, 143 (Tex. App.—Texarkana 2011, no 

pet.).

2

The judgment placing Cossman on community supervision contained a $400.00 assessment for attorney fees. 

Although the judgment of revocation contained attorney fees for $350.00, the bill of costs reflects a total assessment 

of $750.00. Accordingly, our appellate record demonstrates that the $350.00 in the revocation judgment was a fee 

additional to the $400.00 originally assessed. 
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of court-appointed attorney fees is reviewable on direct appeal. Mayer v. State, 309 S.W.3d 552, 

556 (Tex. Crim. App. 2010). However, even though the record reflects that Cossman was aware 

of the $400.00 assessment for attorney fees, which was also imposed as a term and condition of 

his community supervision, he did not directly appeal that issue. By choosing not to appeal the 

judgment placing him on community supervision, Cossman forfeited his claim, and he may not 

revive it in an appeal from the revocation proceeding. See Wiley, 410 S.W.3d at 321. Accordingly, 

the $400.00 assessment for attorney fees remains. 

As for the additional $350.00 in attorney fees for Cossman’s court-appointed counsel on 

revocation, “a trial court has the authority to order the reimbursement of court-appointed attorney’s

fees only if the court determines that a defendant has financial resources that enable him to offset 

the costs of the legal services provided, including any expenses and costs, whether in whole or in 

part.” TEX. CODE CRIM. PROC. ANN. art. 26.05(g) (Supp.). “[T]he defendant’s financial resources 

and ability to pay are explicit critical elements in the trial court’s determination of the propriety of 

ordering reimbursement of costs and fees” of legal services provided. Armstrong v. State, 340 

S.W.3d 759, 765–66 (Tex. Crim. App. 2011) (quoting Mayer v. State, 309 S.W.3d 552, 556 (Tex. 

Crim. App. 2010)). Once a defendant is determined to be indigent, he “is presumed to remain 

indigent for the remainder of the proceedings unless a material change in his financial

circumstances occurs.” TEX. CODE CRIM. PROC. ANN. art. 26.04(p) (Supp.). 

Here, the record establishes that Cossman was indigent and contains no determination or 

finding by the trial court that there was a material change in Cossman’s financial circumstances or 

that he had the financial resources to pay the additional attorney fees. Consequently, we hold that 
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the trial court erred in assessing attorney fees against Cossman for court-appointed counsel during 

revocation. We have the authority to modify a judgment and affirm it as modified if there is no 

reversible error. Ferguson v. State, 435 S.W.3d 291, 294 (Tex. App.—Waco 2014, pet. struck) 

(comprehensively discussing appellate cases that have modified judgments). Accordingly, we 

modify the trial court’s judgment by deleting the assessment of $350.00 in attorney fees for counsel 

appointed during the revocation proceedings. 

III. Conclusion 

As modified, we affirm the trial court’s judgment. 

Ralph K. Burgess

Justice

Date Submitted: May 28, 2019

Date Decided: June 5, 2019

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