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Court of Appeals set aside sexual assault conviction due to error in allowing use of identification evidence.
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Trial court granted a motion for new trial to set aside a 30-year sentence in a forgery case because the defendant was sentenced under the incorrect statute. Defendant received probation when he was re-sentenced under the correct statute.
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Court of Appeals set aside DWI conviction because evidence about blood-alcohol level should have been excluded.
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Trial court set aside conviction, on an application for writ of habeas corpus, for unlawfully carrying a weapon. The trial court set aside the conviction because it was based on an involuntary plea arising from ineffective assistance of counsel.
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The trial court granted a motion for new trial in a prosecution for possession of at least 50 units of fraudulent identification. The trial court granted the motion on the basis that the original sentence of 38 years was too harsh. The State agreed for the defendant to be re-sentenced to 28 years.
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The Court of Appeals set aside a judgment against client in
an evading arrest case because the trial court imposed a sentence of 30 years
after telling client before his guilty plea that the maximum sentence was only
two years, which was the sentence sought by the prosecutor. The Court affirmed
convictions and 30-year sentences in companion cases for robbery and burglary.
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Court of Appeals set aside a robbery conviction and six-year sentence because the trial court did not explain the Defendant's rights to him before he pleaded no contest.
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When client was sentenced in three cases (unauthorized use of a motor vehicle, evading arrest and forgery), the trial court incorrectly ordered for two of the sentences to be served one after another, instead of at the same time. The trial court granted a motion for new trial in the unauthorized use of a motor vehicle case to correct the error, which reduced the total time to be served from 12 years to seven years (five years in the unauthorized use of a motor vehicle and evading arrest cases, running together, plus two years in the forgery).
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Mistrial declared after jury could not reach verdict in prosecution for aggravated sexual assault of a child.
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Client was charged with committing indecent exposure in a city park. The case was taken to trial before a jury and client was found not guilty.
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Client was charged with committing indecent exposure in a health club. Case was taken to trial before a jury who could not reach a verdict. Mistrial was declared and prosecutor agreed to reduce charges to
disorderly conduct in order to avoid a second trial.
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Client who ran a home daycare center was accused of injury
to a child. A not guilty verdict was reached after a trial before the court.
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Client who was charged with conspiracy relating to
transportation of stolen property was granted probation on her guilty plea
after the judge accepted a motion for a reduction of the sentencing guidelines
punishment range due to client having diminished mental capacity as a victim of
Battered Woman’s Syndrome.
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Grand jury decided not to go forward with aggravated assault charges.
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Grand jury decided not to go forward with forgery charges.
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Grand jury decided not to go forward with charges for failure to register as a sex offender.
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Court of Appeals set aside client's robbery conviction and six-year
sentence because the trial court did not explain client's rights to him
before he pleaded no contest.
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Represented the State of Texas as appellate prosecutor in Court of Appeals in
dispute that arose regarding the proper amount of back time credit after the
defendant was convicted of possession of more than four but less than 200 grams
of methamphetamine pursuant to a plea agreement. Obtained reversal and holding
that the trial court did not have the power to revise the judgment in the
defendant’s favor.
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Represented the State of Texas as appellate prosecutor in case against defendant for
unlawful possession of a firearm by a felon and obtained a reversal order from the
Texas Court of Criminal Appeals reversing the holding of the lower appellate court, the Court of Appeals;
the Court of Criminal Appeals held that the defendant was not entitled to
dismissal on a speedy indictment claim.
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The Texas Court of Criminal Appeals set aside client’s
capital murder sentence of life without parole following conviction for causing
the death of a pregnant woman and her embryo. The Court reformed the judgment
to limit the conviction to killing the mother only and ordered the trial
court to conduct new sentencing proceedings on the lesser offense of ordinary
murder. The Court did not grant discretionary
review in a separate capital case against
client arising from related conduct where a conviction for a double
murder of two different victims was allowed to stand by the lower appellate court, the Court of Appeals.
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Represented the State of Texas as appellate prosecutor in
DWI case where the Court of Appeals accepted argument that trial court
committed error in granting the defendant’s motion to suppress blood alcohol
level test results. The Court of
Appeals reversed the ruling of the trial court and sent the case back to the trial court to proceed to trial.
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Represented the State of Texas as appellate prosecutor in prosecution for less than one gram of methamphetamine and obtained reversal order from the Court of Appeals that the trial court did not have authority to dismiss the case without prejudice unless the State agreed. The case was sent back to the trial court for the defendant to face charges.
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Obtained reversal on appeal for client who was convicted of aggravated sexual of a child. The Court of Appeals ordered that client was entitled to new proceedings in the trial court on his motion for new trial raising claim of new evidence. There was a second appeal after the trial court denied the motion for a second time where the conviction was affirmed.
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Trial court granted motion for new trial to set
aside conviction against client for possession of one gram or more but less
than four grams of cocaine. Motion was granted taking into account that client
would enter a new plea to have the terms of his probation modified so that he
would serve 75 days in jail as a condition of probation instead of 120 days as the order stood before the trial court granted the motion for new trial.
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Represented client on charge of aggravated sexual assault of
a child, a first-degree felony.
Set and prepared the case for a jury trial, and on the date of the
pre-trial hearing, the prosecutor offered to reduce the charges to injury to a
child, a third-degree felony, with a probated sentence. The negotiated offense
reduction also avoided the requirement for the client to register as a sex offender which would have been required if client had been convicted as originally charged.
