IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0942-19
MISTY RAE BAILEY, Appellant
V.
THE STATE OF TEXAS
ON STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE ELEVENTH COURT OF APPEALS
ECTOR COUNTY
Per curiam. YEARY, J., filed a dissenting opinion in which SLAUGHTER, J., joined.
OPINION
Appellant was convicted of aggravated assault and sentenced to two years in prison.
In the bill of costs, the trial court assessed Appellant a $25 time payment fee. See TEX.
LOCAL GOV’T CODE § 133.103. On appeal, the Court of Appeals struck a portion of that fee
as being unconstitutional. Bailey v. State, No. 11-18-00226-CR, 2019 Tex. App. LEXIS 7996
(Tex. App. – Eastland Aug. 30, 2019).
BAILEY - 2
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 grant review on our own motion, 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.
DATE DELIVERED: MAY 12, 2021
DO NOT PUBLISH