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Waddell v. State

COURT OF CRIMINAL APPEALS OF TEXAS
Jun 29, 2016
NO. PD-0014-16 (Tex. Crim. App. Jun. 29, 2016)

Opinion

NO. PD-0014-16

06-29-2016

JUSTIN DAVID WADDELL, 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 convicted of driving while intoxicated and placed on community supervision for 10 years. On appeal, he argued that two court costs, pursuant to Tex. Code Crim. Proc. Arts. 102.020(a)(3) and 102.0185(a), were facially unconstitutional. The Court of Appeals held that Appellant waived these claims by not presenting them to the trial court. Waddell v. State, No. 02-14-00372-CR, 2015 Tex. App. LEXIS 12329 (Tex. App.—Fort Worth December 3, 2015) (not designated for publication).

Appellant has filed a petition for discretionary review of this decision. We recently handed down our opinion in London v. State, No. PD-0480-15, 2016 Tex. Crim. App. LEXIS 82 (Tex. Crim. App. May 18, 2016), in which we held that a constitutional challenge to a court costs statute can be raised for the first time on appeal if the defendant did not have an opportunity to raise the claim previously.

The Court of Appeals in the instant case did not have the benefit of our opinion in London. 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 opinion in London. Delivered: June 29, 2016
Do not Publish


Summaries of

Waddell v. State

COURT OF CRIMINAL APPEALS OF TEXAS
Jun 29, 2016
NO. PD-0014-16 (Tex. Crim. App. Jun. 29, 2016)
Case details for

Waddell v. State

Case Details

Full title:JUSTIN DAVID WADDELL, Appellant v. THE STATE OF TEXAS

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Jun 29, 2016

Citations

NO. PD-0014-16 (Tex. Crim. App. Jun. 29, 2016)

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