Opinion
05-22-01120-CR 05-22-01121-CR05-22-01122-CR 05-22-01123-CR 05-22-01124-CR
10-06-2023
TIFFANY RENEE WILLIAMS, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish TEX. R. APP. P. 47.2(B)
On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F22-51233-Q, F22-51234-Q, F22-51235-Q, F22-51236-Q, F22-75061-Q
Before Justices Molberg, Pedersen, III, and Nowell
MEMORANDUM OPINION
Nowell Justice
Tiffany Renee Williams was charged with two counts of intoxication manslaughter and three counts of intoxication assault. Each indictment included a paragraph alleging appellant used a deadly weapon, a motor vehicle, during the commission of the offense. Appellant pleaded guilty to all five counts, and the trial court found her guilty and sentenced her to terms of confinement. In a single issue, appellant argues court costs were improperly assessed in four of the cases; the State agrees the duplicative court costs in four of the judgments should be deleted. In a single cross-issue, the State requests we modify the judgments to show the indictments did not contain enhancement paragraphs. We modify the judgments and affirm as modified.
Because the facts of the case are not relevant to this appeal, we do not recite them. See TEX. R. APP. P. 47.1.
MODIFICATIONS OF JUDGMENTS
This court may modify a trial court's judgment to make the record speak the truth when we have the necessary information to do so. TEX. R. APP. P. 43.2(B); Wilson v. State, No. 05-22-00452-CR, 2023 WL 4758470, at *2 (Tex. App.-Dallas July 26, 2023, pet filed.) (mem. op., not designated for publication) (collecting cases). We may modify a judgment to eliminate duplicative or improper costs. Id.
DUPLICATIVE COURT COSTS
"In a single criminal action in which a defendant is convicted of two or more offenses or of multiple counts of the same offense, the court may assess each court cost or fee only once against the defendant." TEX. CODE CRIM. PRO. ANN. art. 102.073(a). For purposes of this rule, a person convicted of two or more offenses in the same trial or plea proceeding is convicted of those offenses in a "single criminal action." Shuler v. State, 650 S.W.3d 683, 690 (Tex. App.-Dallas 2022, no pet.). Generally, the costs should be assessed in the case with the highest category offense but, when the convictions are for the same category of offense and the costs are the same, the costs should be assessed in the case with the lowest trial court cause number. Id.
Appellant was convicted of three offenses of intoxication assault and two offenses of intoxication manslaughter in a single criminal action. The trial court assessed $390 in court costs in all five of appellant's cases. Intoxication assault is a third-degree felony, and intoxication manslaughter is a second-degree felony. See TEX. PENAL CODE §§ 49.07(c), 49.08(b) Thus, the highest category of offense for which appellant was convicted is intoxication manslaughter in cause numbers F22-51233-Q and F22-75061-Q, and court costs should only be assessed in the lowest cause number, F22-51233-Q.
We sustain appellant's sole issue and modify the judgments in cause numbers F22-51234-Q, F22-51235-Q, F22-51236-Q, and F22-75061-Q to delete the duplicative court costs assessed at $390.00. ENHANCEMENT PARAGRAPHS
The judgments state appellant pleaded true to two enhancement paragraphs in each case and that the trial court found those enhancement paragraphs to be true. However, while all five indictments contained deadly-weapon allegations, none of the indictments contained an enhancement paragraph.
We sustain the State's cross-issue and modify the language in the enhancement-paragraph section of each judgment from "Pleaded True" and "Found True" to "N/A."
CONCLUSION
We modify each judgment as described herein and affirm each judgment as modified.
JUDGMENT
Based on the Court's opinion of this date, the judgment of the trial court is MODIFIED as follows:
Under the headings "1st Enhancement Paragraph" and "2nd Enhancement Paragraph," we DELETE the words "Pleaded True" and ADD the letters "N/A."
Under the headings "Finding on 1 st Enhancement Paragraph" and "Finding on 2nd Enhancement Paragraph," we DELETE the words "Found True" and ADD the letters "N/A."
As REFORMED, the judgment is AFFIRMED.