Legal Opinion

Diaz-Galvan v. State

Texas Court of Appeals, 1st District (Houston)

Decided March 20, 1997No. 01-96-00043-CRPublishedCited by 23 opinions

1Opinion of the Court

OPINION

TAFT, Justice.

Appellant, Juan Jose Diaz-Galvan was charged with delivery of marihuana weighing more than 50 pounds and less than 2000 pounds. His indictment included an allegation that appellant exhibited and used a deadly weapon during the offense. Without a plea-bargain agreement, appellant entered a guilty plea and requested community supervision. After a pre sentence investigation (PSI) was conducted, the trial court assessed punishment at 10-years confinement. We address whether appellant preserved his constitutional challenge to the cruelty of his punishment when he did not bring…

2Cases cited4 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. Harmelin v. MichiganSupreme Court of the United States · 1991
  3. Robinson v. CaliforniaSupreme Court of the United States · 1962
  4. Applewhite v. State, Texas Court of Appeals, 1st District (Houston)1994

3Cited by23 opinions

  1. Hicks v. State, Texas Court of Appeals, 14th District (Houston)2000
  2. Keith v. State, Texas Court of Appeals, 9th District (Beaumont)1998
  3. Brad Lyle Bokemeyer v. State, Texas Court of Appeals, 1st District (Houston)2011
  4. Robert Deon Johnson, Jr v. State, Texas Court of Appeals, 1st District (Houston)2013
  5. Alonzo, Francisco Alvarenga v. State, Texas Court of Appeals, 1st District (Houston)2002

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