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Palomo v. State

The trial court signed and entered an Order to Withdraw Inmate Funds. Appellant filed pro se notices of appeal, challenging the withdrawal notifications. On the limited record before the appellate court, the court was unable to determine whether appellant has been provided with the necessary underlying documentation and afforded an adequate opportunity to compare the amounts assessed by the trial court in the underlying criminal proceedings to the amounts withdrawn and alert the court of any alleged errors. Because the trial court has not entered an appealable order either granting or denying a motion to confirm, modify, correct or rescind the prior withdrawal notification, appellant's notices of appeal are premature. Amarillo Court of Appeals, Nos. 07-10-0181-CV, 07-10-0182-CV & 07-10-0183-CV, 05-24-2010

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

OPINION ON ABATEMENT

On February 25, 2010, in each referenced cause, pursuant to § 501.014(e) of the Texas Government Code, the trial court signed and entered an Order to Withdraw Inmate Funds.*fn1 By the withdrawal notifications entered in each cause, the trial court directed the Texas Department of Criminal Justice Institutional Division to withhold the following amounts: (1) $1,810.31 in cause number 18,223-B; (2) $616.50 in cause number 18,368-B; and (3) $616.50 in cause number 18,369-B. Appellant filed pro se notices of appeal on May 5, 2010, challenging the withdrawal notifications. While each withdrawal notification contained the statement that “court costs, fines and fees have been incurred as represented in the certified Bill of Cost/Judgment attached hereto,” none contained an attachment of any kind. Furthermore, while the judgment entered in each case provides that “the State of Texas do have and recover of said [Appellant] all court costs in this prosecution expended…,” the summary portion of each judgment leaves costs blank.

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