[Download] "State Texas v. Cheryl Lynette Allen" by Court of Criminal Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: State Texas v. Cheryl Lynette Allen
- Author : Court of Criminal Appeals of Texas
- Release Date : January 24, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Appellee was charged by indictment with the offense of theft, a third-degree felony pursuant to Tex. Penal Code Ann. § 31.03(e)(4)(E). The primary offense was alleged to have been committed on or about February 1, 1991. The indictment also alleged in separate enhancement paragraphs, two non-theft prior felony convictions. On March 26, 1992, appellee, in a non-jury trial, was convicted of the primary offense of third-degree felony theft in the 188th District Court of Gregg County. Appellee entered a plea of "not true" to the two enhancement paragraphs. The trial court found the two enhancement paragraphs to be "true." The trial court imposed punishment for a Class A misdemeanor pursuant to Tex. Penal Code Ann. § 12.44(a), (hereinafter Section 12.44(a)) and sentenced appellee to one year in the County jail. On appeal, the State alleged that the trial court exceeded its authority by imposing misdemeanor punishment after finding appellee guilty of a third degree felony and finding the enhancement allegations to be true. The Sixth Court of Appeals affirmed the judgment of the trial court, holding that Section 12.44(a) gives a trial court discretion to impose misdemeanor punishment -- even in the face of findings of habitual felon status under Tex. Penal Code Ann. § 12.42(d). (hereinafter Section 12.42(d)). State v. Allen, 843 S.W.2d 302 (Tex. App. - Texarkana 1992, pet. granted, April 7, 1993).