Legal Opinion

Mizell v. State

Court of Criminal Appeals of Texas

Decided November 5, 2003No. 2444-01PublishedCited by 383 opinions

1Opinion of the Court 1

*805 OPINION

2Opinion of the Court · CochranCochran, J.

in which MEYERS, PRICE, WOMACK, KEASLER, HERVEY and HOLCOMB, JJ„ joined.

We granted Appellant’s two grounds for review to address the question of whether the State may bring a cross-point in its appellate brief arguing that the defendant’s sentence is illegal when the defendant appeals his conviction but the State does not file its own notice of appeal.1 Because we hold that any court — trial or appellate — may notice, on its own, an illegal sentence and rectify that error, the State was not obligated to file a notice of appeal before the court of appeals could address that issue. We…

3Cases cited20 opinions

  1. State v. RieweCourt of Criminal Appeals of Texas · 2000
  2. Carter v. StateCourt of Criminal Appeals of Texas · 1983
  3. Ex Parte SeidelCourt of Criminal Appeals of Texas · 2001
  4. Ex Parte WilliamsCourt of Criminal Appeals of Texas · 2001
  5. Ex Parte McIverCourt of Criminal Appeals of Texas · 1979

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4Cited by383 opinions

  1. State v. FischerOhio Supreme Court · 2010
  2. Ex Parte RichCourt of Criminal Appeals of Texas · 2006
  3. Trevino v. State, Texas Court of Appeals, 13th District2005
  4. Grado, Michael AnthonyCourt of Criminal Appeals of Texas · 2014
  5. Rhodes v. StateCourt of Criminal Appeals of Texas · 2007

378 more not listed; retrieve them via the Exa API.

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