Hogan v. State

MCFADDEN, Judge.

Vincent Hogan appeals from his conviction for false swearing, arguing that under the rule of lenity, he should have received a misdemeanor, rather than a felony, sentence. However, because there is no uncertainty as to the punishment that applies to the offense of false swearing, the rule of lenity does not apply and the trial court correctly sentenced Hogan for a felony.

The record shows that in December 2010, Hogan was indicted for one count of false swearing. In June 2011, he entered a nonnegotiated guilty plea to the charge. At the plea hearing, the state set forth, as the…