Wright, Sir Melvin Jr.
PD-1137-15
| Tex. App. | Oct 7, 2015Background
- Appellant Sir Melvin Wright, Jr. pleaded guilty to failure to register as a sex offender; sentence was 10 years with suspension and 5 years’ community supervision.
- State filed motions to revoke probation; at a 2013 hearing the court modified probation to seven days in jail, then 2014 revocation led to a five-year prison sentence.
- Court of Appeals (Dallas) affirmed the trial court’s judgment in an unpublished opinion.
- Appellant argues the sentence was illegal because the State failed to give notice of enhancement and failed to prove a prior conviction.
- Appellant further contends the Court of Appeals applied habeas harmless error analysis (Rich/Parrott) to a direct appeal, which is improper; the case involves adjudicated delinquent conduct under Article 62.101(c).
- The petition for discretionary review requests remand for proper punishment under Levy v. State, asserting errors in the original enhancement analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the habeas harmless error analysis applies on direct appeal | Wright argues the appeals court misapplied Rich/Parrott on direct appeal | State contends the analysis is for habeas review, not direct appeal | Habeas harmless analysis does not govern direct appeal |
| Whether Wright’s sentence was illegal due to lack of notice and lack of prior conviction proof | Wright asserts improper enhancement without notice or proof of prior conviction | State argues the record supports enhancement | Sentence improper; remand for proper punishment under Levy v. State |
Key Cases Cited
- Ex parte Rich, 194 S.W.3d 508 (Tex. Crim. App. 2006) (illegality of sentence may be cognizable in habeas; harm analysis governs habeas relief)
- Ex parte Parrott, 396 S.W.3d 531 (Tex. Crim. App. 2013) (habeas relief requires harm proof; sets forth harm analysis)
- Ex parte Tovar, 901 S.W.2d 484 (Tex. Crim. App. 1995) (harmless error framework referenced in context of habeas)
- Levy v. State, 818 S.W.2d 801 (Tex. Crim. App. 1991) (remand for proper punishment when error at sentencing is found)
- Bullard v. State, 548 S.W.2d 13 (Tex. Crim. App. 1977) (remand and correction principles for improper punishment)
- Jackson v. State, 680 S.W.2d 809 (Tex. Crim. App. 1984) (remand for proper assessment of punishment where error found)