Dulin v. Texas (original by presiding judge keller)
Annotate this CaseAppellant Bryant Dulin was convicted of twelve offenses. Court costs were assessed in two of the cases at the time of judgment. Those costs totaled $589 and $639. A bill of cost for each judgment showed that the costs assessed included $25 for time payment fees. The judgments were rendered and entered on June 19, 2018; the clerk’s bills of costs were signed and filed the same day. Appellant’s notices of appeal were filed July 13, 2018. The issue presented for the Texas Court of Criminal Appeals' review centered on the “time payment fee,” assessed if a defendant pays some or all of his fine, court costs, or restitution “on or after the 31st day after the date on which a judgment is entered assessing the fine, court costs, or restitution.” The State's petition contended the time payment fee must be struck in its entirety here because it was assessed prematurely. The Court concurred with the State because a defendant’s appeal suspends the duty to pay court costs and therefore suspends the running of the clock for the purposes of the time payment fee. "As a consequence, even now, assessment of the time payment fee in this case would be premature because appellate proceedings are still pending."
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