Legal Opinion

Milburn v. State

Court of Criminal Appeals of Texas

Decided September 20, 2006No. PD-1219-05PublishedCited by 19 opinions

1Opinion of the CourtKeller, P.J.

Appellant was convicted of a felony and placed on community supervision. Before the time had expired for filing a notice of appeal from that conviction, he was convicted of the present offense. The question here is whether he was entitled to a jury instruction on community supervision in this case, in spite of his previous conviction. The answer to this question is “yes.”

I. BACKGROUND

A. Trial

Appellant was arrested for possession of methamphetamine and oxycodone on July 13, 2001. He pleaded guilty to possession of a controlled substance (methamphetamine) on December 18, 2003, and he was placed…

2Cases cited5 opinions

  1. Jones v. StateCourt of Criminal Appeals of Texas · 2002
  2. Woolsey v. StateCourt of Criminal Appeals of Texas · 1958
  3. Baker v. StateCourt of Criminal Appeals of Texas · 1975
  4. Ex Parte ChappellCourt of Criminal Appeals of Texas · 1998
  5. Franklin v. StateCourt of Criminal Appeals of Texas · 1975

3Cited by19 opinions

  1. Lundgren, Jerry PaulCourt of Criminal Appeals of Texas · 2014
  2. Armando Simon v. State, Texas Court of Appeals, 4th District (San Antonio)2014
  3. Lundgren v. StateCourt of Appeals of Texas · 2013
  4. Todd Mitchell v. State, Texas Court of Appeals, 8th District (El Paso)2015
  5. Edward Branton White A/K/A Edward Brandon White v. State, Texas Court of Appeals, 13th District2010

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