Hernandez v. State

OPINION DISSENTING FROM DENIAL OF REHEARING

Evelyn V. Keyes, Justice

I respectfully dissent from the panel majority's denial of rehearing. I agree with the State's argument in its Motion for Rehearing that we erred in holding unconstitutional Texas Code of Criminal Procedure article 102.008(a), which, upon conviction, provides for the assessment of a $25 fee "for the trying of [a misdemeanor] case by the district or county attorney." See TEX. CODE CRIM. PROC. ANN . art. 102.008(a) (West 2018). I would hold that the trial court did not err in including the fee in the bill of cost assessed…