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Franklin v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 4, 2013
No. 05-12-00530-CR (Tex. App. Jun. 4, 2013)

Opinion

No. 05-12-00530-CR

06-04-2013

SUGAR RAY FRANKLIN, Appellant v. THE STATE OF TEXAS, Appellee


Affirmed and Opinion Filed June 4, 2013

On Appeal from the 283rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. F11-55114-T


OPINION


Before Justices O'Neill, Francis, and Fillmore

Opinion by Justice Francis

Sugar Ray Franklin appeals his conviction for aggravated assault with a deadly weapon. After finding appellant guilty and making an affirmative finding on use or exhibition of a deadly weapon, the trial court assessed punishment, enhanced by a prior conviction, at five years in prison. In a single issue, appellant claims the evidence is insufficient to support the trial court's order that appellant pay $244 in court costs. We affirm.

In his sole issue, appellant claims we should reform the trial court's judgment to delete the requirement that he pay court costs because the clerk's record does not contain a bill of costs. Following submission of this case, we ordered the Dallas County District Clerk to prepare and file a supplemental clerk's record containing a detailed itemization of the costs and fees assessed in this case along with an explanation of any abbreviations used to define the costs and fees. See TEX. CODE CRIM. PROC. ANN. arts. 103.001, .006 (West 2006). The Dallas County District Clerk has complied with our order by filing a signed and certified supplemental clerk's record containing the itemization of the costs assessed in this case. Because the record now contains a bill of costs supporting the assessment of costs in the judgment, we conclude appellant's sole issue lacks merit.

We affirm the trial court's judgment.

_______________

MOLLY FRANCIS

JUSTICE
120530F.P05 Publish
TEX. R. APP. P. 47
SUGAR RAY FRANKLIN, Appellant

V.
THE STATE OF TEXAS, Appellee

No. 05-12-00530-CR


On Appeal from the 283rd Judicial District

Court, Dallas County, Texas

Trial Court Cause No. F11-55114-T.

Opinion delivered by Justice Francis,

Justices O'Neill and Fillmore participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.

____________________

MOLLY FRANCIS

JUSTICE


Summaries of

Franklin v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 4, 2013
No. 05-12-00530-CR (Tex. App. Jun. 4, 2013)
Case details for

Franklin v. State

Case Details

Full title:SUGAR RAY FRANKLIN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 4, 2013

Citations

No. 05-12-00530-CR (Tex. App. Jun. 4, 2013)

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