Opinion
No. PD–1459–13.
2014-04-16
Damian Ricardo FLORES, Appellant v. The STATE of Texas.
On State's Petition for Discretionary Review from the Fourteenth Court of Appeals, Harris County. Jani J. Maselli Wood, Harris County Public Defender's Office, Houston, TX, for Appellant. Carly Dessauer, Assistant District Attorney, Houston, TX, Lisa C. McMinn, Austin, for the State.
On State's Petition for Discretionary Review from the Fourteenth Court of Appeals, Harris County.
Jani J. Maselli Wood, Harris County Public Defender's Office, Houston, TX, for Appellant. Carly Dessauer, Assistant District Attorney, Houston, TX, Lisa C. McMinn, Austin, for the State.
OPINION
PER CURIAM.
Appellant was convicted of possession of a controlled substance and sentenced to 20 years in prison. On appeal, he argued, among other things, that the evidence was insufficient to support the $905 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). Flores v. State, No. 14–12–00623–CR, ––– S.W.3d ––––, 2013 WL 5470048 (Tex.App.–Houston [14th Dist.] October 1, 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 roadmap 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.