State of Texas v. Crook, James

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

No. PD-0001-07

THE STATE OF TEXAS

v.

JAMES CROOK, Appellee

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

IN CAUSE NO. 08-02-00383-CR FROM THE EIGHTH COURT OF APPEALS

EL PASO COUNTY

Holcomb, J., filed a dissenting opinion, in which Johnson

and Cochran, JJ., joined.

I respectfully dissent from the majority's holding that the concurrent provision of the Texas Penal Code Section 3.03(a) applies to the entire sentence, including fines.

Since 1899, this Court has held that pecuniary fines imposed in separate cases should be cumulated. See Ex Parte Banks, 53 S.W. 688…