Opinion
NO. PD-1368-13
04-16-2014
CHARLES BLACKSHIRE, Appellant v. THE STATE OF TEXAS
ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
FROM THE SECOND COURT OF APPEALS
TARRANT COUNTY
Per curiam .
OPINION
Appellant was initially placed on deferred adjudication probation. When his guilt was adjudicated, he was convicted of possession of a firearm by a felon and sentenced to 6 years in prison. On appeal, he argued, among other things, that the evidence was insufficient to support the $72 court cost fee to "CSCD." The Court of Appeals disagreed, finding the evidence sufficient. Blackshire v. State, No. 02-12-00364-CR, 2013 Tex. App. LEXIS 11049 (Tex. App. - Fort Worth August 29, 2013) (not designated for publication).
Appellant has filed a petition for discretionary review of this decision. We recently handed down Johnson v. State, No. PD-0193-13, 2014 Tex. Crim. App. LEXIS 240 (Tex. Crim. App. February 26, 2014), in which we set forth a roadmap for resolving questions regarding court costs. See also Cardenas v. State, No. PD-0733-13, 2014 Tex. Crim. App. LEXIS 236 (Tex. Crim. App. February 26, 2014); Perez v. State, No. PD-0498-13, 2014 Tex. Crim. App. LEXIS 269 (Tex. Crim. App. March 12, 2014).
The Court of Appeals in the instant case did not have the benefit of our opinions in Johnson and Perez. Accordingly, we grant Appellant'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 opinions in Johnson and Perez. No motion for rehearing will be entertained. DO NOT PUBLISH