Affirmed and Opinion Filed October 30, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01024-CR
SIMON SAMUEL LOPEZ, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-80596-10
MEMORANDUM OPINION
Before Justices Francis, Stoddart, and Whitehill
Opinion by Justice Whitehill
Appellant’s community supervision for driving while intoxicated was revoked and he
was sentenced to ten years imprisonment. The judgment assessed costs of $542.22, including
$133.00 for consolidated court costs, a portion of which were statutorily allocated to the
comprehensive rehabilitation and abused children’s counseling accounts. In one issue, appellant
argues that he was charged fees that the court of criminal appeals’ Salinas opinion held
constitutionally impermissible. The Salinas holding does not apply to this case because it is not
a pending petition for review and the legislature remedied the unconstitutional portion of the fees
statute Salinas identified See TEX. LOC. GOV’T CODE § 133.102(e) (amended by Act of Apr. 27,
2017, 85th Leg. R.S., ch. 966, §1 (effective June 15, 2017)); Salinas v. State, 523 S.W.3d 103,
113 (2017).
We thus resolve appellant’s issue against him and affirm the trial court’s judgment.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
161024F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SIMON SAMUEL LOPEZ, JR., Appellant On Appeal from the 219th Judicial District
Court, Collin County, Texas
No. 05-16-01024-CR V. Trial Court Cause No. 380-80596-10.
Opinion delivered by Justice Whitehill.
THE STATE OF TEXAS, Appellee Justices Francis and Stoddart participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered October 30, 2017.
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