Opinion

State v. Crook

  • 248 S.W.3d 172
  • 2008 Tex. Crim. App. LEXIS 157
  • 2008 WL 313626
Court
Court of Criminal Appeals of Texas
Filed
Feb 6, 2008
Status
Published
Author
Cochran
On the bench
Hervey, Meyers, Price, Keasler, Keller, Holcomb, Johnson, Cochran, Womack
Cited by
79 cases

determining that the trial court “gave credence to [the complainant’s] testimony that the assaults occurred and that she was, indeed, a victim” by referring to the complainant as the victim instead of the alleged victim and concluding that the trial court commented on the weight of the evidence by failing to refer to A.L. as the “alleged” victim

How later courts described this case

  • determining that the trial court “gave credence to [the complainant’s] testimony that the assaults occurred and that she was, indeed, a victim” by referring to the complainant as the victim instead of the alleged victim and concluding that the trial court commented on the weight of the evidence by failing to refer to A.L. as the “alleged” victim
  • holding that the concurrent sentence provision in Section 3.03 applies to the entire sentence, including fines
  • holding that when trial court orders concurrent sentences, any assessed fines also run concurrently
  • holding that when sentences are ordered to run concurrently, fines are not cumulated

Written by the judges who cited it.

The opinion

COCHRAN, J.,

filed a dissenting opinion in which, WOMACK, J., joined.

Time runs; money is paid. A term of imprisonment runs for a period of time; a fine is paid, either immediately or over a period of time. One term of imprisonment may run concurrently with another term of imprisonment. One fine cannot “run” concurrently with another fine. At least not until today. Before today, all fines could be paid at the same time, i.e. concurrently, but each fine had to be paid.

Never before has a $200 fine for speeding “run” with a $100 fine for simultaneously failing to wear a seat belt. One has never before paid the fine for the single most expensive traffic ticket violation and let all the others ride free. But a new day has dawned. Traffic-ticket seof-flaws may rejoice.

I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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