Court of Appeals of Texas, Third District, Austin
THE 424TH DISTRICT COURT OF BURNET COUNTY NOS. 46489, 46491,
THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING
Justices Goodwin, Baker, and Kelly
L. KELLY, JUSTICE
found appellant Bryant Edward Dulin guilty of one count of
indecency with a child, nine counts of aggravated sexual
assault of a child, one count of continuous sexual abuse of a
child under the age of 14, and one count of "super"
aggravated sexual assault of a child. The jury assessed
punishment at 20 years' imprisonment and a $5, 000 fine
for the count of indecency with a child, 60 years'
imprisonment and a $5, 000 fine for each count of aggravated
sexual assault of a child, 50 years' imprisonment for the
count of continuous sexual abuse of a child under the age of
14, and 35 years' imprisonment and a $5, 000 fine for the
count of "super" aggravated sexual assault. The
trial court sentenced Dulin in accordance with the jury's
verdicts. The judgment for the count of indecency with a
child assesses court costs of $589, and the judgment for
"super" aggravated sexual assault of a child
assesses court costs of $639.
appellate issues, Dulin contends that the time payment fee
assessed against him must be reduced because a portion of it
is unconstitutional and that duplicative court costs must be
deleted. We will modify the judgments of
convictions to reduce the time payment fee and delete
duplicative court costs and affirm the convictions as
first appellate issue, Dulin contends that the $25 time
payment fee assessed against him should be reduced by $22.50
because 90% of the fee is facially
unconstitutional."A facial challenge is an attack on
the statute itself as opposed to a particular
application." Salinas v. State, 523 S.W.3d 103,
106 (Tex. Crim. App. 2017). "Except when First Amendment
freedoms are involved, a facial challenge to a statute is a
challenge to the statute in all of its applications."
Id. "Whether a statute is facially
constitutional is a question of law that we review de
novo." Ex parte Lo, 424 S.W.3d 10, 14
(Tex. Crim. App. 2013).
time payment fee is mandated by statute. The Local Government
(a) A person convicted of an offense shall pay, in addition
to all other costs, a fee of $25 if the person:
(1) has been convicted of a felony or misdemeanor; and
(2) pays any part of a fine, court costs, or restitution on
or after the 31st day after the date on which a judgment is
entered assessing the fine, court costs, or restitution.
(b) Except as provided by Subsection (c-1), the treasurer
shall send 50 percent of the fees collected under this
section to the comptroller. The comptroller shall deposit the
fees received to the credit of the general revenue fund.
(c) Except as provided by Subsection (c-1), the treasurer
shall deposit 10 percent of the fees collected under this
section in the general fund of the county or municipality for
the purpose of improving the efficiency of the administration
of justice in the county or municipality. The county or
municipality shall prioritize the needs of the judicial
officer who collected the fees when ...