Simon Samuel Lopez, Jr. v. The State of Texas Appeal from 219th Judicial District Court of Collin County (memorandum opinion)

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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Stoddart, and Whitehill Opinion by Justice Whitehill Appellant’s community supervision for driving while intoxicated was revoked and he was sentenced to ten years imprisonment.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 /Bill Whitehill/ BILL WHITEHILL JUSTICE Do Not Publish TEX.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 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT SIMON SAMUEL LOPEZ, JR., Appellant No. 05-16-01024-CR On Appeal from the 219th Judicial District Court, Collin County, Texas Trial Court Cause No. 380-80596-10. Opinion delivered by Justice Whitehill. Justices Francis and Stoddart participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered October 30, 2017. –3–

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