Simon Samuel Lopez, Jr. v. State

Affirmed and Opinion Filed October 30, 2017

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-01024-CR

SIMON SAMUEL LOPEZ, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas

Trial Court Cause No. 380-80596-10

MEMORANDUM OPINION

Before Justices Francis, Stoddart, and Whitehill Opinion by Justice Whitehill

Appellant’s community supervision for driving while intoxicated was revoked and he was sentenced to ten years imprisonment. The judgment assessed costs of $542.22, including $133.00 for consolidated court costs, a portion of which were statutorily allocated to the comprehensive rehabilitation and abused children’s counseling accounts. In one issue, appellant argues that he was charged fees that the court of criminal appeals’ Salinas opinion held constitutionally impermissible. The Salinas holding does not apply to this case because it is not a pending petition for review and the legislature remedied the unconstitutional portion of the fees statute Salinas identified See TEX. LOC. GOV’T CODE § 133.102(e) (amended by Act of Apr. 27, 2017, 85th Leg. R.S., ch. 966, §1 (effective June 15, 2017)); Salinas v. State, 523 S.W.3d 103, 113 (2017). We thus resolve appellant’s issue against him and affirm the trial court’s judgment.

/Bill Whitehill/ BILL WHITEHILL JUSTICE

Do Not Publish

TEX. R. APP. P. 47

161024F.U05

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

SIMON SAMUEL LOPEZ, JR., Appellant On Appeal from the 219th Judicial District Court, Collin County, Texas No. 05-16-01024-CR V. Trial Court Cause No. 380-80596-10. Opinion delivered by Justice Whitehill. THE STATE OF TEXAS, Appellee Justices Francis and Stoddart participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered October 30, 2017.