Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of July 17, 2017.

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.

Casas v. State, No. 02-16-00122-CR (July 20, 2017) (Gabriel, J., joined by Livingston, C.J., and Sudderth, J.).

Held:  In denying the defendant’s motion to suppress, the visiting trial judge expressly stated that he relied on the evidence admitted at the hearing and did not impermissibly rely on his personal knowledge of a disputed fact; therefore, the trial court’s conclusion that the arresting officer had reasonable suspicion to stop the appellant was not void.  But the statute allowing the imposition of a court cost for emergency-management services upon conviction of an intoxication offense—article 102.0185 of the code of criminal procedure—is facially unconstitutional because it is not related to a legitimate, criminal-justice purpose.  Because the appellant is the first party to convince the court that this cost is facially unconstitutional, he is entitled to relief.