Gowan v. State

OPINION

DON BURGESS, Justice.

A jury convicted Michael Gowan of attempted escape. The trial court assessed a sentence of eleven years’ confinement in the Texas Department of Criminal Justice, Institutional Division. Gowan appeals, raising two points of error.

In his first point, Gowan contends the punishment range for his conviction was improperly raised to that of a second-degree felony. Gowan argues the evidence presented only permits punishment of the instant offense, attempted escape, as a third-degree felony. Thus, his sentence of eleven years is outside the permissible range of punishment.…