13-12-00168-CR
Tex. App.May 9, 2013Background
- Garza pleaded guilty to possession of a controlled substance, a third-degree felony, under Health & Safety Code § 481.115.
- The trial court held a punishment hearing and sentenced Garza to ten years, probated for five years.
- The State filed a motion to revoke Garza’s probation and, after a revocation hearing, Garza was sentenced to ten years’ confinement.
- Garza raised a due-process claim at appeal that the trial court failed to consider the full range of punishment.
- The judgment incorrectly stated Garza’s conviction as a section 15.01 Penal Code offense; the court later modified the judgment to reflect possession of a controlled substance under Health & Safety Code § 481.115.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court violated due process by failing to consider the full range of punishment. | Garza contends the court did not consider the full range. | State argues the issue is waived due to lack of objection. | Waived; no preserved error on full-range consideration. |
Key Cases Cited
- McClenan v. State, 661 S.W.2d 108 (Tex. Crim. App. 1983) (due-process/punishment-range considerations)
- De Leon v. Aguilar, 127 S.W.3d 1 (Tex. Crim. App. 2004) (preservation of error for punishment-range claims)
- Teixeira v. State, 89 S.W.3d 190 (Tex. App.—Texarkana 2002) (waiver for failure to object at trial level)
- Cummings v. State, 163 S.W.3d 772 (Tex. App.—Texarkana 2005) (waiver/ preservation principles)
- Washington v. State, 71 S.W.3d 498 (Tex. App.—Tyler 2002) (preservation of error; waiver considerations)
- Hull v. State, 67 S.W.3d 215 (Tex. Crim. App. 2002) (preservation of error in grievances on appeal)
- French v. State, 830 S.W.2d 607 (Tex. Crim. App. 1992) (judicial modification authority; clerical/typographical corrections)
- Rhoten v. State, 299 S.W.3d 349 (Tex. App.—Texarkana 2009) (sua sponte judgment modification authority)