Opinion

McClinton v. State

  • 121 S.W.3d 768
  • 2003 Tex. Crim. App. LEXIS 925
  • 2003 WL 22902846
Court
Court of Criminal Appeals of Texas
Filed
Dec 10, 2003
Status
Published
On the bench
Cochran, Hervey, Johnson
Cited by
71 cases
Authority
More cited than 92.2%

stating, in concurring opinion by Judge Cochran, that “both trial and appellate courts may always take cognizance of an illegal or unauthorized sentence”

How later courts described this case

  • stating, in concurring opinion by Judge Cochran, that “both trial and appellate courts may always take cognizance of an illegal or unauthorized sentence”
  • stating, in concurring opinion by Judge Cochran, that A both trial and appellate courts may always take cognizance of an illegal or unauthorized sentence @
  • holding that a trial court retains jurisdiction to vacate, modify, or amend its own rulings within its plenary power
  • noting that the oral sentence announced in open court is the sentence imposed

Written by the judges who cited it.

The opinion

OPINION

The opinion was delivered

PER CURIAM.

Appellant was convicted of possession of cocaine and sentenced to twelve years in prison. Twenty days after his conviction and sentencing, the trial judge modified McClinton’s sentence to ten years in prison. The Court of Appeals affirmed. 1

We granted the State’s petition for discretionary review to address whether a trial court has the power to reform a defendant’s sentence after the defendant has already begun serving the sentence. We have determined that our decision to grant *769 review was improvident. Therefore, the petition is dismissed.

COCHRAN, J., filed a concurring opinion.

HERVEY, J., filed a dissenting opinion in which JOHNSON, J., joined.

. McClinton v. State, 38 S.W.3d 747, 751 (Tex.App.-Houston [14th Dist.] 2001).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.