NO. 12-14-00087-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

CHRISTOPHER LEE BLACK, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

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APPEAL FROM THE 7TH 

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OPINION

Christopher Lee Black appeals his conviction for burglary of a habitation. The trial court 

sentenced him to six years of imprisonment. In two issues, Appellant contends the trial court and 

the District Clerk erred in imposing attorney’s fees against him. We affirm.

BACKGROUND

In June 2013, Appellant pleaded guilty to the offense of burglary of a habitation. The 

trial court placed him on deferred adjudication community supervision for six years. In February 

2014, the State moved to proceed to final adjudication. Appellant pleaded true to the allegations 

in that motion. The trial court granted the motion, revoked Appellant’s community supervision, 

and sentenced him to six years of imprisonment. Additionally, the court ordered him to pay 

$274.00 in court costs.

ATTORNEY’S FEES

In his first issue, Appellant contends the trial court erred in imposing attorney’s fees 

against him. In his second issue, Appellant contends the District Clerk erred in imposing 

attorney’s fees against him. He argues that the trial court determined that he is indigent and 

appointed counsel to represent him. Because assessment of attorney’s fees following a finding 
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of indigence is improper, he contends the judgment and the bill of costs should be modified to 

reflect the amount of proper taxable court costs due.

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

The bill of costs from the District Clerk’s office, prepared three days after the judgment was 

signed, reflects a total outstanding balance of $574.00, which includes a $300.00 assessment for 

attorney’s fees. However, the judgment orders Appellant to pay $274.00 in court costs. 

Additionally, an order to withdraw funds to pay court costs in the amount of $274.00 was 

rendered ordering payment from 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. 2014). Here, both sides agree that there is nothing in the record to indicate 

that Appellant’s indigent status has changed. 

A certified bill of costs, a governmental record, imposes an obligation upon a criminal 

defendant to pay court costs, irrespective of whether that bill is incorporated by reference into the 

written judgment. Allen v. State, 426 S.W.3d 253, 256-57 (Tex. App.–Texarkana 2013, no pet.). 

We review the assessment of court costs on appeal to determine if there is a basis for the cost. 

See Johnson v. State, 423 S.W.3d 385, 390 (Tex. Crim. App. 2014). Only statutorily authorized 

court costs may be assessed against a criminal defendant. Id. at 389 & n.3. Because Appellant 

remains indigent, the $300.00 charge for attorney’s fees on the bill of costs is erroneous. We 

therefore modify the bill of costs to delete the assessment for attorney’s fees. See Williams v. 

State, 432 S.W.3d 450, 457 (Tex. App.–San Antonio 2014, pet. ref’d). We sustain Appellant’s 

second issue. However, the judgment and the order to withdraw funds are consistent with a 

finding of indigence as they do not reflect an assessment for attorney’s fees. Accordingly, there 

is no need to modify the judgment. We overrule Appellant’s first issue.

DISPOSITION

Because the trial court did not impose attorney’s fees on Appellant, we affirm the trial 

court’s judgment.
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GREG NEELEY

Justice

Opinion delivered April 8, 2015.

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

APRIL 8, 2015

NO. 12-14-00087-CR

CHRISTOPHER LEE BLACK,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 7th District Court 

of Smith County, Texas (Tr.Ct.No. 007-0203-13)

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 there was no error in the 

judgment.

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

the court below be in all things affirmed, and that the decision be certified to the court below 

for observance.

Greg Neeley, Justice.

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