CourtListener 10291420•Eric Ray Adams v. the State of Texas
Texto completo
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-24-00109-CR
ERIC RAY ADAMS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 6th District Court
Lamar County, Texas
Trial Court No. 28979
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Justice van Cleef
MEMORANDUM OPINION
Eric Ray Adams pled guilty to unauthorized use of a motor vehicle. See TEX. PENAL
CODE ANN. § 31.07. Adams also pled true to the State’s habitual, punishment-enhancement
allegations. See TEX. PENAL CODE ANN. § 12.425. Pursuant to a plea agreement with the State,
the trial court sentenced Adams to ten years’ imprisonment but suspended the sentence in favor
of placing Adams on community supervision for ten years. Both the terms and conditions of
Adams’s community supervision and the trial court’s judgment placing Adams on community
supervision required him to pay $350.00 for his court-appointed attorney at the rate of $7.00
per month. Later, when the State alleged that Adams violated several of the terms and conditions
of his community supervision, Adams entered a plea of true to the State’s allegations. As a
result, the trial court revoked Adams’s community supervision, sentenced him to nine years’
imprisonment, and ordered him to pay the remaining balance of $315.00 in attorney fees.1
In his sole point of error on appeal from his revocation, Adams argues that the trial court
erred by assessing the remaining balance of $315.00 in attorney fees from his initial plea
proceeding even though no attorney fees were assessed for counsel’s representation during the
revocation proceedings. Because Adams forfeited that complaint, we overrule his sole point of
error.
“A criminal defendant does not have a right to community supervision, but it is a matter
of contract setting out terms between the trial court and the defendant.” Cochran v. State, 563
S.W.3d 374, 379 (Tex. App.—Texarkana 2018, no pet.) (citing Speth v. State, 6 S.W.3d 530, 534
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Adams was credited for five monthly payments for attorney fees.
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(Tex. Crim. App. 1999)); see Manuel v. State, 994 S.W.2d 658, 661 (Tex. Crim. App. 1999).
“Contractual terms of community supervision are accepted unless objected to when established.”
Cochran, 563 S.W.3d at 379 (citing Speth, 6 S.W.3d at 534). “By entering into the contractual
relationship without objection, a defendant affirmatively waived any rights encroached upon by
the terms of the contract.” Dansby v. State, 448 S.W.3d 441, 447 (Tex. Crim. App. 2014)
(quoting Speth, 6 S.W.3d at 534). “[A] defendant who is fairly notified of the conditions of
community supervision at a hearing at which he has an opportunity to object forfeits any later
complaint about those conditions, as long as those conditions do not involve a systemic right or
prohibition.” Id. (citing Speth, 6 S.W.3d at 534–35).
Here, Adams signed the written terms and conditions of his community supervision and
agreed to abide by all conditions, including the payment of attorney fees. He further knowingly
and voluntarily waived his right to appeal after signing a judgment that included a special finding
requiring him to pay $350.00 in attorney fees. Because Adams waited until his community
supervision was revoked to complain, he forfeited his claim that the trial court’s order to repay
attorney fees was improper. See Lewis v. State, 423 S.W.3d 451, 458 (Tex. App.—Fort Worth
2013, pet. ref’d); see also Wiley v. State, 410 S.W.3d 313, 315–16 (Tex. Crim. App. 2013).
Consequently, we overrule Adams’s sole point of error.
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We affirm the trial court’s judgment.
Charles van Cleef
Justice
Date Submitted: November 12, 2024
Date Decided: December 5, 2024
Do Not Publish
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