Banks v. State

OPINION

JOE L. DRAUGHN, Justice

(Assigned).

A jury found Appellant Marcus Dwayne Banks guilty of criminally negligent homicide. The trial court originally sentenced him to two years’ imprisonment in a state jail and a $10,000 fine. Three days later, the trial court re-sentenced him to twenty years’ imprisonment in the institutional division and a $10,000 fine. Banks appeals in three points of error, contending that the trial court erred in re-sentencing him because (1) the place of confinement in the original sentence was surplusage; (2) to do so violates his constitutional protections against…