Bowden, Joe Lee

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0394-16

JOE LEE BOWDEN, Appellant v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

Per curiam. H ERVEY, J., not participating.

OPINION

Appellant was convicted of murder and sentenced life imprisonment. In his third issue on appeal, Appellant raised a constitutional challenge to the portion of court costs which went to emergency radio infrastructure. The court of appeals held that this issue was waived because Appellant did not object to the court cost at trial. Bowden v. State, No. 14-14-00955-CR (Tex. App.–Houston [14th Dist.], March 22, 2016). 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 recent opinion in Ex parte London, ___ S.W.3d ___; No. PD-0480-15 (Tex. Crim App. May 18, 2016). Therefore, we vacate the judgment of the Court of Appeals and remand for that court to consider the effect of London, if any, on its reasoning and analysis in this case.

Delivered: September 14, 2016

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