Brown v. State, 070920 TXCA6, 06-20-00017-CR

Docket Nº:06-20-00017-CR
Opinion Judge:Ralph K. Burgess Justice
Party Name:QUANDATEZ BROWN, Appellant v. THE STATE OF TEXAS, Appellee
Judge Panel:Before Morriss, C.J., Burgess and Stevens, JJ.
Case Date:July 09, 2020
Court:Court of Appeals of Texas
 
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QUANDATEZ BROWN, Appellant

v.

THE STATE OF TEXAS, Appellee

No. 06-20-00017-CR

Court of Appeals of Texas, Sixth District, Texarkana

July 9, 2020

Do Not Publish

Date Submitted: July 2, 2020

On Appeal from the 114th District Court Smith County, Texas Trial Court No. 114-1750-17

Before Morriss, C.J., Burgess and Stevens, JJ.

MEMORANDUM OPINION

Ralph K. Burgess Justice

After waiving his right to a jury trial, Quandatez Brown pled guilty to the felony offense of aggravated assault with a deadly weapon. The trial court1 deferred a finding of guilt and placed Brown on deferred adjudication community supervision for a period of ten years. Brown was subsequently adjudicated guilty and sentenced to ten years' confinement in prison. Brown appeals, maintaining that the time payment fee assessed against him in the bill of costs was unconstitutional. We agree and sustain Brown's sole point of error.

I.

Background

In December 2017, Brown was indicted for aggravated assault with a deadly weapon.2 On March 12, 2018, Brown pled guilty to the charged offense. The trial court deferred a finding of guilt and placed Brown on deferred adjudication community supervision for a period of ten years. The trial court ordered Brown to comply with a series of conditions, including that Brown avoid all contact with the victim, Robert Avery. Brown was also assigned to intensive supervision for a period of six months. On March 13, 2018, the State filed a violation report, alleging that Brown had violated a condition of his community supervision by testing positive for marihuana on the date of his original sentencing. The trial court modified Brown's community supervision conditions by requiring him to spend ten days in jail. After Brown was released from jail, the trial court continued him on deferred adjudication community supervision.

On March 21, 2018, the trial court entered an order amending the conditions of Brown's community supervision, requiring him to pay $850.00 in restitution and submit to an evaluation to determine the appropriateness of substance abuse treatment and, if it was necessary, to submit to that treatment. On May 9, 2018, Brown's conditions of supervision were again amended, requiring Brown to report to level II intensive supervision biweekly or as directed by his community supervision officer. After complying with the terms of intensive supervision, on September 12, 2018, the trial court placed Brown back on regular supervision.

Yet, on February 15, 2019, the State filed a motion to adjudicate Brown's guilt, alleging, among other violations, that Brown tested positive for marihuana use, possessed marihuana, failed to attend an anger management program, and failed to pay his supervision fees.3 On May 13, 2019, the trial court held a hearing on the State's motion to adjudicate and then entered an order denying the State's request. Instead, it amended Brown's conditions of community supervision, requiring Brown to submit to a mental health evaluation and attend an outpatient treatment program.

On July 1, 2019, the State filed another violation report against Brown, alleging that he had been unsuccessfully discharged from the outpatient treatment program. On July 17, 2019, the State filed another motion to adjudicate Brown, maintaining, among other things, that Brown failed to submit to a mental health evaluation and failed to abide by the rules of the drug treatment program. Following a hearing on August 26, 2019, the trial court again denied the State's motion to adjudicate and placed Brown on intensive supervision...

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