State v. Baize

OPINION

Appellee was convicted by a jury of criminally negligent homicide, and the trial court assessed punishment at sixty days in jail and a $500 fine, both of which were probated. The State appealed pursuant to Article 44.01(b), V.A.C.C.P., claiming the sentence was illegal because the trial court allowed Appellee to untimely change his election for the jury to assess punishment over the State’s objection.1 The Court of Appeals dismissed the appeal for lack of jurisdiction. State v. Baize, 947 S.W.2d 307 (Tex.App.—Amarillo 1997). We granted the State’s petition for discretionary review to…