Legal Opinion
Franklin v. State
Court of Criminal Appeals of Texas
Decided July 3, 2019No. PD-0787-18PublishedCited by 12 opinions
1Opinion of the CourtKeller, P.J.
Appellant was charged with capital murder, 1 and the State waived the death penalty. Upon conviction, he was sentenced to the mandatory sentence of life without parole. 2 On appeal, Appellant claimed for the first time that the age of a defendant at the time of an offense is an element of the offense that must be proven by the State. On the basis of this proposition, he argues that his sentence should be life with the possibility of parole. We disagree, and consequently, we affirm the judgment of the court of appeals.
I. BACKGROUND
In the court of appeals, Appellant contended, among other…
2Cases cited20 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Miller v. AlabamaSupreme Court of the United States · 2012
- Alleyne v. United StatesSupreme Court of the United States · 2013
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Patterson v. New YorkSupreme Court of the United States · 1977
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- CONTINENTAL HERITAGE INSURANCE COMPANY, AGENT PAT KINNARD, D/B/A PAT KINNARD BAIL BONDS v. the State of TexasCourt of Criminal Appeals of Texas · 2023
- CONTINENTAL HERITAGE INSURANCE COMPANY, AGENT PAT KINNARD, D/B/A PAT KINNARD BAIL BONDS v. the State of TexasCourt of Criminal Appeals of Texas · 2024
- CONTINENTAL HERITAGE INSURANCE COMPANY, AGENT PAT KINNARD, D/B/A PAT KINNARD BAIL BONDS v. the State of TexasCourt of Criminal Appeals of Texas · 2023
- Continental Heritage Insurance Company, Agent Pat Kinnard, D/B/A Pat Kinnard Bail Bonds v. the State of Texas, Texas Court of Appeals, 5th District (Dallas)2023
- Margarita Hernandez v. the State of Texas, Texas Court of Appeals, 7th District (Amarillo)2022
7 more not listed; retrieve them via the Exa API.