Legal Opinion

Nirschl v. State

Texas Court of Appeals, 7th District (Amarillo)

Decided August 28, 1996No. 07-95-0320-CRPublishedCited by 10 opinions

1Opinion of the Court

QUINN, Justice.

Appellant, Leo John Nirschl, appeals from an adjudication of guilt and life sentence. In his sole point of error, appellant asks whether the court erred in denying him a punishment hearing after the court adjudicated him guilty. 1 However, the true issue involves the need and manner in which to preserve such a complaint. Concluding that the error was not preserved, we overrule the point.

It is axiomatic that after an adjudication of guilt, the trial court must extend the defendant opportunity to present evidence upon the issue of punishment. Issa v. State, 826 S.W.2d 159, 161…

2Cases cited7 opinions

  1. Penry v. StateCourt of Criminal Appeals of Texas · 1995
  2. Issa v. StateCourt of Criminal Appeals of Texas · 1992
  3. Borders v. StateCourt of Criminal Appeals of Texas · 1992
  4. Watson v. State, Texas Court of Appeals, 8th District (El Paso)1994
  5. Christian v. State, Texas Court of Appeals, 5th District (Dallas)1993

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

3Cited by10 opinions

  1. Lopez v. State, Texas Court of Appeals, 3rd District (Austin)2003
  2. Adams v. State, Texas Court of Appeals, 7th District (Amarillo)2004
  3. Serna v. State, Texas Court of Appeals, 7th District (Amarillo)1998
  4. Gabriel Joe Chacon v. State, Texas Court of Appeals, 4th District (San Antonio)1999
  5. Michael Lopez v. State, Texas Court of Appeals, 3rd District (Austin)2002

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API