Flores, Damian Ricardo

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-1459-13
DAMIAN RICARDO FLORES, Appellant
v.
THE STATE OF TEXAS
ON STATE’S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
HARRIS COUNTY
Per curiam.
OPINION
Appellant was convicted of possession of a controlled substance and sentenced to 20
years in prison. On appeal, he argued, among other things, that the evidence was insufficient
to support the $905 in court costs assessed against him in the judgment. The Court of
Appeals agreed, relying on its opinion in Johnson v. State, 389 S.W.3d 513 (Tex. App. –
FLORES - 2
Houston [14th Dist.] 2012). Flores v. State, No. 14-12-00623-CR, 2013 Tex. App. LEXIS
12248 (Tex. App. – Houston [14 th Dist.] October 1, 2013).
The State has filed a petition for discretionary review of this decision. We recently
handed down our opinion in Johnson v. State, No. PD-0193-13, 2014 Tex. Crim. App.
LEXIS 240 (Tex. Crim. App. February 26, 2014), in which we set forth a roadmap for
resolving questions regarding court costs. See also Cardenas v. State, No. PD-0733-13, 2014
Tex. Crim. App. LEXIS 236 (Tex. Crim. App. February 26, 2014).
The Court of Appeals in the instant case did not have the benefit of our opinion in Johnson.
Accordingly, we grant the State’s petition for discretionary review, vacate the judgment of the Court
of Appeals, and remand this case to the Court of Appeals in light of our opinion in Johnson. We also
this day refuse Appellant’s petition for discretionary review in this case. No motion for rehearing
will be entertained.
Delivered: April 16, 2014
Publish