Legal Opinion

Delacruz v. State

Texas Court of Appeals, 6th District (Texarkana)

Decided June 22, 2005No. 06-04-00123-CRPublishedCited by 136 opinions

1Opinion of the Court

OPINION

Opinion by Justice CARTER.

Gladis Gutierrez Delacruz appeals from her conviction by a jury for driving while intoxicated while the vehicle was occupied by a passenger younger than fifteen years of age. The jury assessed punishment at six months’ incarceration in a state jail facility. The trial court declined to place Delacruz on community supervision. On appeal, Delacruz contends the sentence imposed is disproportionate to the offense. 1

We first look to see if the issue has been preserved for review. Delacruz did not object to the sentence on the ground it was disproportionate to the…

2Cases cited8 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Jordan v. StateCourt of Criminal Appeals of Texas · 1973
  3. Jackson v. State, Texas Court of Appeals, 6th District (Texarkana)1999
  4. Quintana v. State, Texas Court of Appeals, 13th District1989
  5. Alberto v. State, Texas Court of Appeals, 6th District (Texarkana)2003

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3Cited by136 opinions

  1. Mullins v. State, Texas Court of Appeals, 6th District (Texarkana)2006
  2. Williamson v. State, Texas Court of Appeals, 6th District (Texarkana)2005
  3. Winchester v. State, Texas Court of Appeals, 7th District (Amarillo)2008
  4. Ham v. State, Texas Court of Appeals, 7th District (Amarillo)2011
  5. Guin v. State, Texas Court of Appeals, 6th District (Texarkana)2006

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

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