Sikalasinh v. State

Appellant asserts three issues on appeal. Having determined that the trial court erred by requiring appellant to reimburse the state for the costs of his court-appointed attorney and the non-resident witness Texas Code of Criminal Procedure article 35.27 reimbursement expenses, the Amarillo Court of Appeals modified one judgment to clarify that the order to pay court costs does not include a requirement that he pay $16,510.26 in attorney fees or $537.05 in witness fees, and the judgment, as modified, was affirmed. The trial court's judgments were affirmed. Nos. 07-09-0301-CR, 07-09-0302-CR, 07-09-0303-CR, 07-09-0304-CR, 07-09-0305-CR, 07-09-0306-CR; 08-25-2010

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Before QUINN, C.J.. and CAMPBELL and PIRTLE, JJ.

OPINION

Appellant, Viengkhone Sikalasinh,*fn1 was convicted by a jury of three counts of aggravated assault with a deadly weapon, one count of aggravated assault with a deadly weapon–family member, and two counts of aggravated robbery, each enhanced by a prior felony conviction.*fn2 He was sentenced by a jury to six concurrent sentences of twenty, twenty, ten, sixty, fifteen, and fifteen years confinement, respectively. Appellant asserts three issues on appeal: (1) whether the trial court erred by requiring him to pay court-appointed attorney fees as a cost; (2) whether there was legally sufficient evidence that he was able to pay court-appointed attorney fees as a cost; and (3) whether he should be required to pay transportation, meal and lodging expenses of a non-resident witness who was neither an expert witness nor a peace officer. We modify the trial court’s judgment in Cause No. 58,210-A to clarify that payment of $16,510.26 in court-appointed attorney fees and $537.05 in witness fees is not a part of the court costs ordered in the case and affirm the judgment as modified. The judgments in Cause Nos. 58,211-A, 58,212-A, 58,213-A, 58,216-A, and 58,217-A are affirmed.

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