Bowden v. State

Today the panel holds that a criminal defendant may challenge the constitutionality of court costs for the first time on direct appeal because they were not imposed in open court nor itemized in the trial court’s judgment. In reaching this holding, the panel concludes that in London v. State,1 the Court of Criminal Appeals implicitly overruled this court’s precedent in Johnson v. State.2 London did not overrule Johnson. The panel should apply our holding in Johnson to today’s case and hold that appellant failed to preserve error on his constitutional claims and therefore may not raise them…