Legal Opinion
Grado, Michael Anthony
Court of Criminal Appeals of Texas
Decided October 15, 2014No. PD-1057-13PublishedCited by 177 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
MEYERS, PRICE, HERVEY, COCHRAN, and ALCALA, JJ., joined.
Michael Grado’s community supervision was revoked, and the judge sentenced Gra-do to ten years’ confinement, believing that it was the statutory minimum for Grado’s offense when in fact it was five. Grado did not object. Is the right to be sentenced by a judge who considers the entire range of punishment subject to procedural default? Concluding that it is a waiver-only right, we hold that it is not.
Background
After Grado pleaded guilty to possession of 400 grams or more of amphetamine, the judge sentenced him to ten years’…
3Cases cited18 opinions
- Marin v. StateCourt of Criminal Appeals of Texas · 1993
- Mendez v. StateCourt of Criminal Appeals of Texas · 2004
- Cockrell v. StateCourt of Criminal Appeals of Texas · 1996
- Cain v. StateCourt of Criminal Appeals of Texas · 1997
- Saldano v. StateCourt of Criminal Appeals of Texas · 2002
13 more not listed; retrieve them via the Exa API.
4Cited by177 opinions
- Ex parte PueCourt of Criminal Appeals of Texas · 2018
- EX PARTE Eric Michael HEILMAN, AppelleeCourt of Criminal Appeals of Texas · 2015
- Carmichael v. StateCourt of Appeals of Texas · 2016
- Wilberto Arrellano v. State, Texas Court of Appeals, 1st District (Houston)2018
- Augustin Gabriel Cabrera v. StateCourt of Appeals of Texas · 2016
172 more not listed; retrieve them via the Exa API.