Sturdivant, Joyce McMillin

Court of Criminal Appeals of Texas
Sturdivant, Joyce McMillin, 411 S.W.3d 487 (Tex. Crim. App. 2013)
2013 WL 5538958; 2013 Tex. Crim. App. LEXIS 1491
Per Curiam

Sturdivant, Joyce McMillin

Opinion

OPINION

PER CURIAM.

Appellant was convicted of murder and attempted capital murder and sentenced to thirty years and fifteen years confinement. On appeal, Appellant claimed that the trial court erred in taxing as court costs the *488 amounts paid to attorneys pro tem for the State and the expenses for the State’s investigators and experts. The Court of Appeals held that Appellant failed to preserve this claim because she did not complain to the trial court and she did not file any post-judgment motions complaining that the assessment of these court costs was improper. Appellant petitioned this Court for discretionary review.

When the Court of Appeals issued its opinion in this case, it did so without the benefit of this Court’s opinion in Landers v. State, 402 S.W.3d 252 (Tex.Crim.App. 2013). Therefore, we vacate the judgment of the Court of Appeals and remand for that court to consider the effect of Lan-ders, if any, on its reasoning and analysis in this case.

Reference

Full Case Name
Joyce McMillin STURDIVANT, Appellant v. the STATE of Texas
Cited By
6 cases
Status
Published