ENRIQUEZ v. STATE (2018)

MEMORANDUM OPINION

In a single issue on appeal, Appellant Veronica Enriquez (“Enriquez”) challenges the trial court's assessment of costs. We affirm the trial court's judgment.

Background

A jury convicted Enriquez of aggravated kidnapping and aggravated assault with a deadly weapon. The trial court sentenced Enriquez in open court to concurrent sentences of imprisonment and fines. The trial court subsequently signed a final judgment assessing court costs in the amount of $684.

Discussion

Enriquez argues the trial court erred by assessing court costs in the written judgment because court costs were not assessed during Enriquez's sentencing in open court. Because court costs are not punitive, they need not be included in the trial court's oral pronouncement of the sentence as a precondition to being included in the subsequent written judgment. Weir v. State, 278 S.W.3d 364, 367 (Tex. Crim. App. 2009). We will affirm the trial court's assessment of costs if the record supports the basis for the costs. Johnson v. State, 423 S.W.3d 385, 390 (Tex. Crim. App. 2014).

Here, the clerk's record contains a certified bill of cost prepared by the Val Verde County District Clerk. The bill of cost itemizes miscellaneous administrative fees and costs totaling $684. Therefore, we hold the record supports the trial court's assessment of costs in the amount of $684.

Conclusion

We affirm the trial court's judgment.

Opinion by: Sandee Bryan Marion, Chief Justice