Bowden, Joe Lee

• Court: Court of Criminal Appeals of Texas
• Decided: September 14, 2016
• Docket: PD-0394-16
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0394-16

JOE LEE BOWDEN, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY

Per curiam. H ERVEY, J., not participating.

OPINION

Appellant was convicted of murder and sentenced life imprisonment. In his third

issue on appeal, Appellant raised a constitutional challenge to the portion of court costs

which went to emergency radio infrastructure. The court of appeals held that this issue was

waived because Appellant did not object to the court cost at trial. Bowden v. State, No.

14-14-00955-CR (Tex. App.–Houston [14th Dist.], March 22, 2016). Appellant petitioned 2

this Court for discretionary review.

When the Court of Appeals issued its opinion in this case, it did so without the benefit

of this Court’s recent opinion in Ex parte London, ___ S.W.3d ___; No. PD-0480-15 (Tex.

Crim App. May 18, 2016). Therefore, we vacate the judgment of the Court of Appeals and

remand for that court to consider the effect of London, if any, on its reasoning and analysis

in this case.

Delivered: September 14, 2016 Do not publish