RILEY, CHARLIE Appeal from 221st District Court of Montgomery County (original by presiding judge keller)
Annotate this Case
Download PDF
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0255-18 THE STATE OF TEXAS v. CHARLIE RILEY, Appellee ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW FROM THE NINTH COURT OF APPEALS MONTGOMERY COUNTY K ELLER, P.J., delivered the opinion of the Court in which K EASLER, H ERVEY, R ICHARDSON, K EEL, W ALKER and S LAUGHTER, JJ., joined. Y EARY, J., filed a dissenting opinion. N EWELL, J., dissented. In 2016, Appellee, a member of the Montgomery County Commissioners Court, was indicted for violating § 551.143 of the Texas Open Meetings Act.1 Appellee filed a motion to dismiss on the basis that § 551.143 was overbroad in violation of the First Amendment and was unconstitutionally vague. The trial court granted the motion and dismissed the indictment. Relying on its earlier 1 TEX . GOV ’T CODE § 551.143(a). RILEY — 2 decision in State v. Doyal,2 the court of appeals reversed the trial court’s order dismissing the indictment and remanded the case for further proceedings.3 We subsequently reversed the court of appeals’s decision in Doyal on the basis that § 551.143 was facially unconstitutional.4 Our decision in Doyal controls the outcome of this case. We reverse the judgment of the court of appeals and affirm the judgment of the trial court. Delivered: June 19, 2019 Do not publish 2 541 S.W.3d 395 (Tex. App.—Beaumont 2018), rev’d, ___ S.W.3d ____, No. PD-0254-18, 2019 Tex. Crim. App. LEXIS 161 (Tex. Crim. App. February 27, 2019). 3 State v. Riley, No. 09-17-00124-CR, 2018 Tex. App. LEXIS 1042 (Tex. App.—Beaumont February 7, 2018) (not designated for publication). 4 State v. Doyal, ___ S.W.3d ____, No. PD-0254-18, 2019 Tex. Crim. App. LEXIS 161 (Tex. Crim. App. February 27, 2019).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
