Legal Opinion · Dissent

Griffith v. State

Court of Criminal Appeals of Texas

Decided June 29, 2005No. PD-1121-04Published

1DissentHolcomb, J.

I respectfully dissent. I would hold that the trial court erred in not ordering preparation of a presentence investigation report (PSI), that appellant’s request for a PSI preserved the trial court’s error for appellate review, and that this case should *267be remanded to the court of appeals for a harm analysis.

The relevant facts are as follows. On June 6, 2001, a Harris County grand jury presented an indictment that charged appellant with unlawfully carrying a weapon on premises where alcoholic beverages were sold. See Tex. Pen.Code § 46.02. The offense alleged was a third-degree felony. On…

2Cases cited2 opinions

  1. Whitelaw v. StateCourt of Criminal Appeals of Texas · 2000
  2. Griffith, Darrell v. State, Texas Court of Appeals, 14th District (Houston)2004

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