Court of Criminal Appeals of Texas

Ex Parte David Pena, Applicant

March 13, 20022002 Tex. Crim. App. LEXIS 50

Summary

The Court dismissed Mr. Pena's habeas corpus petition, holding that the judgment, though possibly inaccurate, was not void or illegal and therefore not cognizable, and that Pena waived any error by failing to object to the fine at the time of imposition or on direct appeal. Justice Holcomb, dissenting, argued the fine was illegal, not waivable, and that relief should be granted.