Legal Opinion

Gaston v. State

Texas Court of Appeals, 5th District (Dallas)

Decided December 6, 2001No. 05-00-00616-CRPublishedCited by 29 opinions

1Opinion of the Court

OPINION

MICHAEL J. O’NEILL, Justice.

Monty Glen Gaston appeals the revocation of his community supervision, which is based on a plea-bargained conviction. He asserts that (1) the revocation order is void because the underlying judgment of conviction is void; (2) he received ineffective assistance of counsel at the revocation phase; (3) he is entitled to a new trial because the record of the original plea hearing is unavailable; and (4) the order cumulating the sentence for this offense with a separate offense is defective, rendering the consecutive sentences void. For reasons that follow, we…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Thompson v. StateCourt of Criminal Appeals of Texas · 1999
  3. Hernandez v. StateCourt of Criminal Appeals of Texas · 1986
  4. Cooper v. StateCourt of Criminal Appeals of Texas · 2001
  5. Nix v. StateCourt of Criminal Appeals of Texas · 2001

18 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Birmingham News Co. v. HornSupreme Court of Alabama · 2004
  2. State v. Waller, Texas Court of Appeals, 5th District (Dallas)2003
  3. In Re the Expunction of Ocegueda, Texas Court of Appeals, 8th District (El Paso)2010
  4. Alex Hernandez Orona v. the State of Texas, Texas Court of Appeals, 7th District (Amarillo)2024
  5. Anthony LaQuinn Price v. the State of Texas, Texas Court of Appeals, 7th District (Amarillo)2022

24 more not listed; retrieve them via the Exa API.

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