McClenan v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of sexual abuse of a child and sentenced to twelve years’ confinement. The court of appeals of the Sixth Supreme Judicial District, Texarkana, affirmed the conviction in an unpublished opinion, delivered December 28, 1982. We granted review on the issue of whether the trial court erred in denying appellant’s motion to recuse after the trial judge told appellant’s counsel that he could not consider probation in this case.

Appellant elected before trial to have the trial judge assess punishment in…