Legal Opinion

State v. Wooldridge

Court of Criminal Appeals of Texas

Decided October 31, 2007No. PD-1482-05PublishedCited by 20 opinions

1Opinion of the CourtWomack, J.

in which KELLER, P.J., and PRICE, JOHNSON, KEASLER, HERVEY, and COCHRAN, JJ., joined.

The issue in this case is whether the Double Jeopardy Clause would be violated by remanding this case to the trial court for a new hearing on sentencing. We hold that it would not.

A jury found the appellee guilty of an offense of aggravated assault with a deadly weapon which he committed on March 2, 2002. The appellee had not taken any step to have the jury assess his punishment, so the question of punishment was for the trial judge.1

The offense was a felony of the second degree,2 for which the punishment is…

2Cases cited7 opinions

  1. Sanabria v. United StatesSupreme Court of the United States · 1978
  2. Bullington v. MissouriSupreme Court of the United States · 1981
  3. Arizona v. RumseySupreme Court of the United States · 1984
  4. Monge v. CaliforniaSupreme Court of the United States · 1998
  5. Castaneda v. State, Texas Court of Appeals, 5th District (Dallas)2003

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3Cited by20 opinions

  1. Grant v. State, Texas Court of Appeals, 3rd District (Austin)2008
  2. Donaldson v. StateCourt of Criminal Appeals of Texas · 2015
  3. Wooldridge v. State, Texas Court of Appeals, 11th District (Eastland)2010
  4. Danny Villa v. State, Texas Court of Appeals, 7th District (Amarillo)2009
  5. Danny Villa v. State, Texas Court of Appeals, 7th District (Amarillo)2009

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