In re Jefferie Daniel, Relator (Original)
Annotate this CaseApplicant Jefferie Daniel was charged with the offense of forgery of a check in cause number 2000CR1247, allegedly committed on September 27, 1999. 2011, the Bexar County District Clerk issued a "Bill of Cost" with respect to that cause. In addition to the $295.25 that were specifically assessed in the judgment as court costs in 2002, the belated "Bill" also assessed a cost for "APPOINTED ATTY" in the amount of $7,945.00. The applicant subsequently filed a pleading denominated as a post-conviction application for writ of habeas corpus challenging the district clerk's apparently unilateral assessment of appointed attorney fees as a cost of court on due process grounds. Rather than immediately accepting that recommendation, and without specifically addressing the trial court's concern with the cognizability of the applicant's claim, the Supreme Court remanded the case back to the trial court for further fact development. The trial court forwarded amended findings of fact and conclusions of law. Relying upon "personal recollection," but without addressing whether the applicant was indigent and represented by appointed counsel at trial, the trial court made an express finding of fact that the applicant was determined to be indigent for purposes of appeal on May 6, 2002, and that counsel was duly appointed to represent him for appellate purposes on May 21, 2002. Moreover, the trial court determined, "[t]here [was] no record that the court conducted any hearing or findings into [the applicant's] ability to pay his court-appointed attorney fees after [he] was determined to be indigent." On the basis of these amended findings, the trial court recommended that the Supreme Court grant habeas corpus relief by deleting the "Bill of Cost." Mandamus relief was conditionally granted.
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