DO NOT PUBLISH ORDER PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of felony murder and sentenced to imprisonment for thirty years. On May 3, 2017, an order designating issues was signed by the trial court. The habeas record has been...
DO NOT PUBLISH OPINION PER CURIAM . Appellant was convicted of two counts of robbery and sentenced to fifteen years in prison in each count, to run concurrently. On appeal, Appellant claimed that the Consolidated Court Cost fee imposed pursuant to Local Government Code 133.102(a)(1) was facially unconstitutional. The Court of Appeals held that this claim was not preserved for review because Appellant did not object to the imposition of the fee before the trial court. In the alternative,...
DO NOT PUBLISH Appellant's Petition for Discretionary Review Refused. NEWELL , J. filed a dissenting opinion. I would grant review for the reasons stated in my opinion dissenting to the refusal of discretionary review in Horton v. State, ___ S.W.3d ___, 2017 WL 4399159 (Tex. Crim. App. Oct. 4, 2017) (Newell, J., dissenting).
DO NOT PUBLISH OPINION PER CURIAM . Appellant was convicted of burglary of a habitation and sentenced to ten years' imprisonment. On appeal, Appellant claimed that the portions of the consolidated court costs were unconstitutional. The court of appeals held that this claim was not preserved for review because Appellant did not object to the imposition of the fee before the trial court. The record reflects that the bill of costs was not prepared until days after judgment was entered....
DO NOT PUBLISH OPINION PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault of a child and sentenced to six years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Quintero v. State, 467 S.W.3d 671 (Tex....
OPINION Keel , J. , delivered the opinion of the Court in which Alcala, Richardson, Yeary, Newell, and Walker, JJ., joined. Applicant was charged with causing serious bodily injury to a child under Texas Penal Code section 22.04(a)(1). After the State abandoned the deadly weapon allegation, he pled guilty with a 50-year cap, and the trial court sentenced him to 50 years in prison. Applicant now claims that his plea was involuntary because his attorney misadvised him about the effect of a...
OPINION Hervey , J. , delivered the opinion of the Court in which Keasler, Alcala, Richardson, Newell, and Walker, JJ., joined. Burt Lee Burnett was charged with driving while intoxicated after he rear-ended another vehicle. The State alleged that Burnett was intoxicated "by not having the normal use of his mental and physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, and any...
Per curiam . A jury convicted Ritz of continuous trafficking of a person. The court of appeals affirmed the conviction and held that the evidence was legally sufficient under the plain text of the statute even though the facts did not involve "organized crime, prostitution, or forced labor." 1 This Court initially granted discretionary review to examine that holding. Having examined the record and briefs, we conclude that our decision to grant review was improvident. We therefore dismiss...
DO NOT PUBLISH OPINION RICHARDSON , J. , delivered the opinion of the Court in which KELLER, P.J., and HERVEY, ALCALA, YEARY, NEWELL, KEEL, and WALKER, JJ. joined. KEASLER, J., concurred in the result. On July 13, 2016, Relator, James Michael Jeffcoat, filed with this Court a Petition for Original Writs of Habeas Corpus, Certiorari, and Mandamus. Relator asks this Court to compel the Third Court of Appeals to consider and rule upon the Motion for Rehearing he filed with the Third Court...
DO NOT PUBLISH ORDER PER CURIAM . We have before us a post-conviction application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 5 and a motion to stay applicant's execution. In September 2008, a jury convicted applicant of the offense of capital murder for murdering a person in the course of robbing him. TEX. PENAL CODE 19.03(a)(2). The jury answered the special issues submitted pursuant to Texas Code of Criminal...
DO NOT PUBLISH OPINION RICHARDSON , J. , delivered the opinion of the Court in which KEASLER, ALCALA, Y EARY, and NEWELL, JJ., joined. KELLER, P.J. filed a dissenting opinion in which HERVEY, KEEL, and WALKER, JJ., joined. Following the denial of his motion to suppress, Appellant, Joseph Shimko, pled nolo contendere to the offense of driving while intoxicated. He was sentenced to three days in the county jail, and his driver's license was suspended for 90 days. He appealed the denial of...
OPINION Yeary , J. , delivered the opinion of the Court in which Keller, P.J., and Keasler, Hervey, Richardson, Newell, Keel, and Walker, JJ. joined. After being released from the penitentiary earlier than permitted by the statutory minimum sentence for his crime, Appellant was convicted of another crime, and his sentence was enhanced by his prior conviction. He argued on appeal that his prior judgment of conviction was void because it imposed confinement for less time than the statutory...
