SMITH COUNTY COURTHOUSE

100 N. BROADWAY 4th Floor

TYLER, TEXAS 75702

 April Allison Sikes, First Assistant

D. Matt Bingham

Criminal District Attorney

Smith County

TELEPHONE: (903) 590-1720

TELECOPIER: (903) 590-1719

Michael J. West, Appellate Chief

Jennifer Barfield, Office Director

 

December 3, 2015

12th Court of Appeals

1517 West Front Street, ste. 354

Tyler, Texas 75702

Re: 12-15-00247-CR, Cook v. State - State’s Letter Brief.

To the Honorable Judges,

Appellant in the above-numbered cause has filed a brief complaining about the an

entry in the Bill of Costs for court costs ordered by the trial court. Specifically,

Appellant complains that he was improperly charged $300.00 for an attorney fee when

he was found to be indigent by the Court. (Appellant’s brief at 4-6).

The Clerk’s Record in this case contains a copy of the Bill of Costs (CR: 83).

That document shows that the District Clerk’s office imposed a $300.00 cost for “SB7

ATTY FEE FOR 7TH DISTRICT COURT” as part of the costs of court. The Court

should note that the judgment adjudicating Appellant guilty does not reflect an amount

including this fee being assessed, however it does appear on the face of the Bill of Costs 

It cannot be disputed by the State that Appellant is indigent. The record shows

that he was repeatedly found to be indigent and provided free counsel throughout the

course of this case. (CR: 4-5, 14, 56, 79). 

Where the record reflects a $300.00 charge in the Bill of Costs for an attorney fee,

the State concedes that this cost was not properly assessed and should be modified to

show court costs of $314.00 and not $614.00 as currently reflected. See TEX. R. APP. P.

43.2 (b); Brewer v. State, 572 S.W.2d 719, 723 (Tex.Crim.App. 1978) (“Where the

Court has the necessary data and evidence before it for reformation, the judgment may

be reformed on appeal.”); Williams v. State, 332 S.W.3d 694, 699 (Tex.App. - Amarillo

2011, pet. ref'd) (Where appellant was and remained indigent, the trial court correctly

ACCEPTED

12-15-00247-CR

TWELFTH COURT OF APPEALS

TYLER, TEXAS

12/3/2015 8:08:06 AM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 12/3/2015 8:08:06 AM PAM ESTES Clerk
Page 2 of 3

deleted $3,500 in attorney’s fees from the Bill of Costs); TEX. CODE CRIM. PROC. ANN.

Art. 26.04 (p) (Vernon 2015). 

Unfortunately, modification of the Bill of Costs does not completely fix the

problem as the judgement revoking Appellant's probation lists the balance of court costs

owed in the amount of $289.00. (CR: 74). As does the trial court's order of withdrawal.

(CR: 76). In lieu of bench warranting Appellant back to Smith County for a remand

hearing to determine whether Appellant is owed $11.00, the State would suggest that the

judgment and order of withdrawal be reformed by the Court to show that the costs of

court have been paid in full. The cost of transporting Appellant back to Smith County

from the Moore Unit in Bonham, Texas, and feeding him while he is here, will certainly

exceed that amount. Smith County has already paid for three different attorneys to

represent Appellant in this case. (CR: 14, 56, 79). If Appellant does not object to this

suggestion, the State will waive any and all remaining costs of court. 

Thank you,

__________________________

Michael West

Asst. Criminal District Attorney

Bar I.D. No. 21203300

100 N. Broadway, 4th Fl.

Tyler, Texas 75702

(903) 590-1720

(903) 590-1719

CERTIFICATE OF COMPLIANCE

The undersigned hereby certifies that the pertinent sections of the State’s Reply

Brief in the above numbered cause contain 447 words, an amount which complies with

Texas Rule of Appellate Procedure 9.4.

_________________________

Michael J. West

Asst. Criminal District Attorney

/s/ Michael J. West

/s/ Michael J. West
Page 3 of 3

CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this _____ day of ________________,

2015, the following have been completed:

(1) The original of the State’s Letter Brief in Response to Appellant’s Brief in the

above numbered cause has been electronically filed with the Clerk of the Court of

Twelfth Court of Appeals.

(2) A legible copy of the State’s Letter Brief in Response to Appellant’s Brief in

the above numbered cause has been electronically served on:

Mr. Austin Jackson

Attorney at Law 

112 East Line, Ste. 310 

Tyler, Texas 75702

_________________________

Michael J. West

Asst. Criminal District Attorney

Bar I.D. No. 21203300

100 N. Broadway, 4th Fl.

Tyler, Texas 75702

(903) 590-1720

(903) 590-1719

3rd December 

/s/ Michael J. West