Legal Opinion

Peraza v. State

Court of Criminal Appeals of Texas

Decided July 1, 2015No. PD-0100-15PublishedCited by 142 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · RichardsonRichardson, J.

We granted the State’s Petition For Discretionary Review to address whether the First Court of Appeals correctly determined that a cost of court “Related to DNA Testing,” assessed pursuant to Texas Code of Criminal Procedure, Article 102.020, is an unconstitutional tax that violates the separation of powers clause under the Texas Constitution. 1 We hold that Article 102.020 is not facially unconstitutional, and we therefore reverse the decision of the First Court of Appeals.

BACKGROUND

“Houston, We Have A Problem”

Osmin Peraza was indicted in Harris County under separate cause numbers for…

3Cases cited25 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  3. United States v. National Dairy Products Corp.Supreme Court of the United States · 1963
  4. State Ex Rel. Lykos v. FineCourt of Criminal Appeals of Texas · 2011
  5. Weir v. StateCourt of Criminal Appeals of Texas · 2009

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4Cited by142 opinions

  1. Salinas, OrlandoCourt of Criminal Appeals of Texas · 2017
  2. Ruben Lee Allen v. State, Texas Court of Appeals, 1st District (Houston)2018
  3. Toledo v. StateCourt of Appeals of Texas · 2017
  4. Devlon Deaquel Johnson v. State, Texas Court of Appeals, 14th District (Houston)2019
  5. Salinas, OrlandoCourt of Criminal Appeals of Texas · 2015

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