Jeffrey Dean Strange v. the State of Texas

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-24-00042-CR

JEFFREY DEAN STRANGE, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

On Appeal from the 100th District Court
Carson County, Texas
Trial Court No. 7016, Honorable Dale A. Rabe, Presiding

August 30, 2024
MEMORANDUM OPINION
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

Jeffrey Dean Strange appealed from the trial court’s order revoking his deferred

adjudication community supervision, adjudicating him guilty of evading arrest, and

sentencing him to 70 years imprisonment. Three issues pend for review. The State

concedes their accuracy, which will require modification of the judgment.

Background

The order deferring adjudication included a fine of $2,000 and restitution of $180.

However, the trial court did not orally pronounce either after adjudicating guilt and
sentencing appellant. Nevertheless, both appeared in the judgment. Moreover, the bill

of costs required appellant to pay $35 for a precept.

Issues One and Two—Imposition of Restitution and Fine

Through his first two issues, appellant argues the $2,000 fine and $180 in

restitution should be deleted from the judgment and bill of costs because neither were

pronounced in open court at the time of sentencing. The State concedes error; thus, we

sustain the issues and will modify the judgment and bill of costs accordingly.

Issue Three—Precept Fee

Via his last issue, appellant argues the $35 fee for a precept should be deleted

from the bill of costs because statute allows only an $8 charge. The State again agrees

with appellant. We sustain the issue and will modify the bill of costs accordingly.

The judgment of the trial court is modified to eliminate both the $2,000 fine and

$180 assessment for restitution. As modified, the judgment is affirmed. We also modify

the bill of costs to redact from it reference, if any, to the $2,000 fine and assessment of

$180 in restitution. The bill of costs is further modified to reduce the precept fee from $35

to $8.

Per Curiam

Do not publish.

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