McClinton v. State
Tex. Crim. App.
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Cites 1 case
- McClinton v. State
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Opinion
Harold McCLINTON, Jr., Appellant, v. The STATE of Texas.
Judges
- COCHRAN, J., filed a concurring opinion.
- HERVEY, J., filed a dissenting opinion in which JOHNSON, J., joined.
Attorneys
- R. Scott Shearer, Houston, for Appellant.
- Betty Marshall, Assistant State’s Attorney, Matthew Paul, State’s Attorney, Austin, for State.
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.
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 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).