Riley, Charlie

• Court: Court of Criminal Appeals of Texas
• Decided: June 19, 2019
• Docket: PD-0255-18
• Status: Published

Opinion

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Do not publish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).