Legal Opinion

Hooker v. State

Court of Criminal Appeals of Texas

Decided June 18, 1980No. 59279PublishedCited by 65 opinions

1Opinion of the Court

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for injury to a child. The jury assessed punishment at twelve years and a $6,000.00 fine.

In his first ground of error, Hooker contends that the trial court erred in overruling his motion for a change of venue. The motion was properly supported by an affidavit signed by two persons and was denied without an evidentiary hearing. No controverting affidavits had been filed by the State.

This is the identical issue posed in Hussey v. State, 590 S.W.2d 505 (Tex.Cr.App.1979), where we held that it had been long established that a defendant was…

2Cases cited2 opinions

  1. Durrough v. StateCourt of Criminal Appeals of Texas · 1978
  2. Hussey v. StateCourt of Criminal Appeals of Texas · 1979

3Cited by65 opinions

  1. Johnson v. StateCourt of Criminal Appeals of Texas · 1984
  2. Boozer v. StateCourt of Criminal Appeals of Texas · 1984
  3. Castellano v. StateCourt of Appeals of Texas · 1991
  4. Howley v. State, Texas Court of Appeals, 1st District (Houston)1997
  5. Avila v. State, Texas Court of Appeals, 4th District (San Antonio)2000

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