Court of Criminal Appeals of Texas, 2014

Handy, Emerson

Handy, Emerson
Court of Criminal Appeals of Texas · Decided April 16, 2014 · Per Curiam
426 S.W.3d 104; 2014 WL 1464841; 2014 Tex. Crim. App. LEXIS 592 (South Western Reporter, Third Series)

Handy, Emerson

Opinion

OPINION

PER CURIAM.

Appellant was convicted of burglary of a habitation and sentenced to 45 years in *105 prison. On appeal, he argued, among other things, that the evidence was insufficient to support the $289 in court costs assessed against him in the judgment. The Court of Appeals agreed, relying on its opinion in Johnson v. State, 389 S.W.3d 513 (Tex.App.-Houston [14th Dist.] 2012). Handy v. State, 401 S.W.3d 809 (Tex.App.-Houston [14th Dist.] 2013).

The State has filed a petition for discretionary review of this decision. We recently handed down our opinion in Johnson v. State, 423 S.W.3d 385 (Tex.Crim.App. 2014), in which we set forth a road-map for resolving questions regarding court costs. See also Cardenas v. State, 423 S.W.3d 396 (Tex.Crim.App. 2014).

The Court of Appeals in the instant case did not have the benefit of our opinion in Johnson. Accordingly, we grant the State’s petition for discretionary review, vacate the judgment of the Court of Appeals, and remand this case to the Court of Appeals in light of our opinion in Johnson. We also this day refuse Appellant’s petition for discretionary review in this case. No motion for rehearing will be entertained.

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