Opinion
Appellate case number: 01-13-00441-CR
06-14-2016
Joshua London v. The State of Texas
ORDER Trial court case number: 1367861 Trial court: 230th District Court of Harris County
The Court of Criminal Appeals has remanded this case to this court for consideration of appellant's "as-applied challenge to the statutorily imposed witness/mileage fee." London v. State, No. PD-0480-15, 2016 WL 2941060, at *5 (Tex. Crim. App. May 18, 2016). Because the State has not briefed this issue in this court, we order the State to submit supplemental briefing on the issue of "whether the post-conviction imposition of a witness/mileage fee infringed upon Appellant's right to present his defense" in violation of the U.S. and Texas constitutional rights to compulsory process and confrontation. Id. Appellant may file a supplemental reply brief. See Bell v. State, 956 S.W.2d 560, 561 (Tex. Crim. App. 1997).
The State's supplemental brief is due 30 days after the date of this order, and the appellant's supplemental reply brief, if any, is due 30 days after the date the State's brief is filed. See TEX. R. APP. P. 38.6.
The case will be set for submission at a future date, and the parties will be notified of the submission date.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[v] Acting individually [ ] Acting for the Court Date: June 14, 2016