FORISTER, ALBERT Appeal from 424th District Court of Burnet County (other per curiam)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0196-20 ALBERT FORISTER, Appellant V. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS BURNET COUNTY Per curiam. YEARY, J., filed a dissenting opinion in which SLAUGHTER, J., joined. OPINION Appellant was convicted of manufacture or delivery of a controlled substance and sentenced to 50 years in prison. In the bill of costs, the trial court assessed Appellant a $25 time payment fee. See T EX. LOCAL G OV’T C ODE § 133.103. On appeal, the Court of Appeals FORISTER - 2 struck a portion of that fee as being unconstitutional. Forister v. State, No. 01-19-00030-CR, 2020 Tex. App. LEXIS 1647 (Tex. App. – Houston [1 st Dist.] Feb. 27, 2020). The State has filed a petition for discretionary review arguing that the time payment fee was prematurely assessed. 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. Accordingly, we grant ground one of the State’s petition for discretionary review, 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 other grounds are refused. DATE DELIVERED: May 12, 2021 DO NOT PUBLISH
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