Joshua Walker v. the State of Texas
Joshua Walker v. the State of Texas
Joshua Walker v. the State of Texas
Opinion
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-25-00193-CR
JOSHUA WALKER, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 364th District Court
Lubbock County, Texas
Trial Court No. DC-2022-CR-0056, Honorable William R. Eichman II, Presiding
December 17, 2025
MEMORANDUM OPINION
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellant pleaded guilty to murder and, following a trial on punishment, was
sentenced to eighty years imprisonment. Via its judgment, the trial court ordered that
“[u]pon release from confinement, . . . Defendant . . . proceed without unnecessary delay
to the District Clerk’s office, or any other office designated by the Court or the Court’s
designee, to pay or to make arrangements to pay any fine, court costs, and restitution
due.” So too were $290.00 in court costs and $55.00 in reimbursement fees imposed by
the court through its judgment. Appellant contends that the trial court erred by failing to
conduct an ability-to-pay inquiry on the record and asks that we remand the cause to the
trial court to conduct said inquiry. We affirm.
Discussion
During or immediately after imposing sentence, “a court shall inquire on the record
whether the defendant has sufficient resources or income to immediately pay all or part
of the fine and costs.” TEX. CODE CRIM. PROC. art. 42.15(a-1); see Stanberry v. State, No.
07-23-00194-CR, 2024 Tex. App. LEXIS 1066, at *5 (Tex. App.—Amarillo Feb. 9, 2024,
pet. ref’d) (mem. op., not designated for publication) (“Article 42.15(a-1), as amended in
2021, requires that the inquiry into a defendant’s ability to immediately pay be held on the
record.”). Here, it does not appear that the trial court made the requisite inquiry on the
record.
However, also missing from the record is any objection from appellant to the trial
court’s failure to make said inquiry on the record. The Article 42.15(a-1) inquiry is not
fundamental to the adjudicatory process; so, it is a right forfeitable by such failure. See
Cruz v. State, 698 S.W.3d 265, 271 (Tex. Crim. App. 2024). By failing to object here,
appellant forfeited his right to the inquiry. See Drew v. State, No. 07-25-00079-CR, 2025
Tex. App. LEXIS 6536, at *2 (Tex. App.—Amarillo Aug. 22, 2025, no pet.) (mem. op., not
designated for publication); Sikalasinh v. State, No. 07-24-00018-CR, 2024 Tex. App.
LEXIS 7603, at *11 (Tex. App.—Amarillo Oct. 24, 2024, no pet.) (mem. op., not
designated for publication).
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We deny appellant’s request for remand to conduct the hearing under Article
42.15(a-1) and overrule his sole issue on appeal. We affirm the trial court’s judgment of
conviction.
Brian Quinn
Chief Justice
Do not publish.
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.