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eBook details

• Title: State Texas v. Bradley Todd Earley
• Author : Court of Criminal Appeals of Texas
• Release Date : January 30, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Opinion ON STATE'S PETITION FOR DISCRETIONARY REVIEW Appellant was convicted of two offenses of burglary of a building (Cause
Nos. 1036-93 & 1037-93), and the offense of theft (1038-93). See TEX.PENAL CODE ANN. §§ 30.02(a)(1) and 31.03(a). The
trial court deferred a finding of guilt in the burglary cases and assessed the maximum sentence of ten years confinement for
the theft conviction. The trial court later assessed a term of probation on the theft conviction after sending appellant to
boot camp. At the time appellant received the deferred probations and sentence, the trial court advised appellant that if
he "fouled up" his probation he would probably be given the maximum sentence allowable. The appellant was subsequently convicted
of burglary of a vehicle (1039-93). See TEX.PENAL CODE ANN. § 30.04(a). Following the appellant's commission of burglary of a vehicle, the trial court revoked appellant's probation and assessed
the following sentences: twenty years confinement and a $1,000 fine for each burglary conviction; ten years confinement for
the theft conviction; and ten years confinement and a $1,000 fine for the burglary of a vehicle conviction. The trial court
ordered the four sentences to run consecutively. The Court of Appeals reversed and remanded all four convictions, holding
that the trial judge was biased and prejudged the cases before listening to the evidence. Earley v. State, 855 S.W.2d 260
(Tex.App. - Corpus Christi 1993).

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