Kerr v. State

OPINION

Opinion by Justice ROSS.

Michael Berry Kerr appeals his conviction by a jury for the misdemeanor offense of simulating legal process. Tex. Pen.Code Ann. § 32.48 (Vernon Supp.2002). Punishment was assessed by the court at 300 days’ confinement in the county jail and a $3,000.00 fine. Kerr contends the trial court erred: 1) in conducting his trial in his absence; 2) in abusing its discretion at sentencing; and 3) by failing to give a proper jury instruction.

The State charged Kerr with simulating legal process on Michael Jordan, d/b/a Wesley Partners, Ltd. The State contends Kerr…