Opinion
NO. 14-12-01103-CR
05-22-2014
JUAN CARLOS RAMIREZ, Appellant v. THE STATE OF TEXAS, Appellee
Affirmed and Memorandum Opinion on Remand filed May 22, 2014.
On Appeal from the 337th District Court
Harris County, Texas
Trial Court Cause No. 1215005
MEMORANDUM OPINION ON REMAND
Appellant Juan Carlos Ramirez appeals his conviction for theft. On original submission, appellant argued that there was insufficient evidence in the record to support the court's costs of $345 reflected in the judgment. We agreed and modified the trial court's judgment to delete the specific amount of costs assessed. Ramirez v. State, No. 14-12-01103-CR; 2013 WL 6045901 (Tex. App.—Houston [14th Dist.] Nov. 14, 2013) vacated and remanded, No. PD-1752-13; 2014 WL 1512972 (Tex. Crim. App. Apr. 16, 2014). The Court of Criminal Appeals vacated our judgment and remanded in light of its opinion in Johnson v. State, 423 S.W.3d 385 (Tex. Crim. App. 2014).
We review the assessment of court costs on appeal to determine if there is a basis for the costs, not to determine whether there was sufficient evidence offered at trial to prove each cost. Id. at 390. Traditional sufficiency-of-the-evidence standards of review do not apply. Id.
Generally, a bill of costs must (1) contain the items of cost, (2) be signed by the officer who charged the cost or the officer who is entitled to receive payment for the cost, and (3) be certified. Id. at 392-93; see Tex. Crim. Proc. Code Ann. arts. 103.001, 103.006. The record in this case contains a computer-screen printout of the Harris County Justice Information Management System (JIMS) "Cost Bill Assessment." In Johnson, the Court of Criminal Appeals held that a JIMS report constitutes an appropriate bill of costs if the report itemizes the accrued court costs in the appellant's case, contains a certification by the trial court clerk that the document is a true and correct copy of the original, and is signed by a deputy clerk. Johnson, 423 S.W.3d at 393. The JIMS report in this record is a compliant bill of costs because it contains an itemized list of costs in appellant's case, contains a certification by the district clerk that the document is a true and correct copy of the original, and is signed by a deputy district clerk. See id. at 392-93. The fact that the bill of costs was not prepared until after the court signed the judgment does not defeat the lawfulness of the bill of costs. Id. at 394. ("[M]atters pertaining to the imposition of court costs need not be brought to the attention of the trial court, including a bill of costs prepared after a criminal trial.").
The trial court assessed $345 in costs against appellant. The sum of the itemized costs in the JIMS report is $345. There being no challenge to any specific cost or the basis for the assessment of such cost, the bill of costs supports $345 of the costs assessed in the judgment. Id. at 396.
On remand, we affirm the trial court's judgment.
PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Jamison.
Do Not Publish — TEX. R. APP. P. 47.2(b).