Legal Opinion

Ex Parte Gutierrez

Court of Criminal Appeals of Texas

Decided July 16, 1980No. 64190PublishedCited by 23 opinions

1Opinion of the Court

OPINION

DALLY, Judge.

This is an original petition for writ of habeas corpus in which this Court has determined that it should exercise its original jurisdiction. Art. V, Sec. 5, Vernon’s Ann. Texas Constitution.

The petitioner asserts that he is unlawfully confined in the Val Verde County jail pursuant to an unlawful commitment. He urges that at the guilt-innocence phase of the trial, he was only convicted of misdemeanor false imprisonment, a Class B misdemeanor with a maximum punishment of 180 days in jail, V.T.C.A. Penal Code, Sec. 12.22, but that he is being punished for felony false…

2Cases cited3 opinions

  1. Wright v. StateCourt of Criminal Appeals of Texas · 1978
  2. Tomlin v. StateCourt of Criminal Appeals of Texas · 1950
  3. Simpson v. StateCourt of Criminal Appeals of Texas · 1949

3Cited by23 opinions

  1. Gant v. StateCourt of Criminal Appeals of Texas · 1980
  2. Noris Rogers v. Pearland Indep School DistrictCourt of Appeals for the Fifth Circuit · 2016
  3. Blackwell v. State, Texas Court of Appeals, 10th District (Waco)1991
  4. Sanchez v. State, Texas Court of Appeals, 5th District (Dallas)1986
  5. Sample v. State, Texas Court of Appeals, 5th District (Dallas)1981

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