Riley, Charlie

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0255-18

THE STATE OF TEXAS v.

CHARLIE RILEY, Appellee

ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW

FROM THE NINTH COURT OF APPEALS

MONTGOMERY COUNTY

K ELLER, P.J., delivered the opinion of the Court in which K EASLER, H ERVEY, R ICHARDSON, K EEL, W ALKER and S LAUGHTER, JJ., joined. Y EARY, J., filed a dissenting opinion. N EWELL, J., dissented.

In 2016, Appellee, a member of the Montgomery County Commissioners Court, was indicted for violating § 551.143 of the Texas Open Meetings Act.1 Appellee filed a motion to dismiss on the basis that § 551.143 was overbroad in violation of the First Amendment and was unconstitutionally vague. The trial court granted the motion and dismissed the indictment. Relying on its earlier

RILEY — 2 decision in State v. Doyal,2 the court of appeals reversed the trial court’s order dismissing the indictment and remanded the case for further proceedings.3 We subsequently reversed the court of appeals’s decision in Doyal on the basis that § 551.143 was facially unconstitutional.4 Our decision in Doyal controls the outcome of this case. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.

Delivered: June 19, 2019

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