Gordon v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was found guilty by a jury of violating the civil rights of a prisoner, a felony of the third degree, which rises to second degree if the complainant sustains serious bodily injury, and to first degree felony “if death occurs.” V.T.C.A. Penal Code, § 39.021(b). The jury found appellant guilty of a third degree felony and assessed his punishment at five years confinement and a two thousand dollar fine, both probated. As a condition of probation the trial court ordered appellant to pay restitution to complainant’s…