IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. PD-0117-21 & PD-0118-21
JAMES EARL WARREN, Appellant
V.
THE STATE OF TEXAS
ON STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE TWELFTH COURT OF APPEALS
SMITH COUNTY
Per curiam. YEARY, J., filed a dissenting opinion in which SLAUGHTER, J., joined.
OPINION
Appellant was convicted of engaging in organized criminal activity and aggravated
assault, and sentenced to eight years in prison for each conviction. In the bill of costs, the
trial court assessed Appellant a $25 time payment fee and conditionally assessed an
additional $15 time payment fee if any part of a fine, courts costs, or restitution is paid on
Warren - 2
or after the 31st day after the date the judgment assessing the fine, court costs, or restitution
is entered. See T EX. LOCAL G OV’T C ODE § 133.103. On appeal, the Court of Appeals struck
a portion of that fee as being unconstitutional. Warren v. State, Nos. 12-20-00156-CR, 12-
20-00159-CR, 2021 Tex. App. LEXIS 269 (Tex. App. – Tyler Jan. 13, 2021) (not
designated for publication).
The State has filed a petition for discretionary review challenging the court’s
constitutional analysis. We recently handed down our opinion in Dulin v. State, Nos. PD-
0856-19 & PD-0857-19, 2021 Tex. Crim. App. LEXIS 273 (Tex. Crim. App. Mar. 31, 2021),
in which we held that the time payment fee was assessed prematurely because the pendency
of appeal suspends the obligation to pay court costs. As a result, there was no need to reach
the State’s constitutional arguments.
We grant review on our own motion of the following ground:
Should the “Time Payment Fee” be struck as prematurely assessed?
Addressing that ground in light of Dulin, we vacate the judgment of the Court of Appeals,
and remand this case to the Court of Appeals for proceedings consistent with this opinion.
The State’s petition is refused.
DELIVERED May 12, 2021
DO NOT PUBLISH