State of Texas v. Davis, Caleb Leroy

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0042-11 THE STATE OF TEXAS v. CALEB DAVIS, Appellee ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTH COURT OF APPEALS BEXAR COUNTY H ERVEY, J., delivered the opinion for a unanimous Court. A LCALA, J., filed a concurring opinion. OPINION Appellee pled guilty to burglary of a habitation with intent to commit aggravated assault and was sentenced to 15 years in prison on September 14, 2009.1 Appellee subsequently filed a Motion for Reconsideration or Reduction of Sentence. On October 16, 2009, the trial court granted Appellee’s motion,…