Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of January 11, 2022.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Turner v. State, No. 02-21-00058-CR (Jan. 13, 2022) (Bassel, J.; joined by Wallach and Walker, JJ.).

Held:  The 2017 deletion of the words “or reparations” from Code of Criminal Procedure Article 42.03, Section 2(b) did not remove statutory authority for a trial court to assess unpaid probation fees in a judgment of conviction. Thus, this court declines to overrule its prior precedent holding that a trial court is statutorily authorized to include such fees in the judgment. See, e.g., Kitchen v. State, 594 S.W.3d 429, 431–32 (Tex. App.––Fort Worth 2019, pet. ref’d) (op. on reh’g en banc); Hongpathoum v. State, 578 S.W.3d 213, 216 (Tex. App.––Fort Worth 2019, no pet.); Zamarripa v. State, 506 S.W.3d 715, 716 & n.2 (Tex. App.––Fort Worth 2016, pet. ref’d).