Kanouse v. State, 958 S.W.2d 509 (Tex. App. 1998). · Go Syfert
Kanouse v. State, 958 S.W.2d 509 (Tex. App. 1998). Cases Citing This Book View Copy Cite
31 citation events (30 in the last 25 years) across 1 distinct court.
Strongest positive: Jack Handley Meyer v. State (texapp, 2016-06-29)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) Jack Handley Meyer v. State
Tex. App. · 2016 · confidence medium
See Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App.—Eastland 2001, pet. ref'd); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App.—Beaumont 1998, no pet.); Flores v. State, 936 S.W.2d 478, 479 (Tex. App.— Eastland 1996, pet. ref'd).
discussed Cited as authority (rule) James Eric Grant v. State (2×)
Tex. App. · 2015 · confidence medium
App. 1991) 3 INDEX OF AUTHORITIES, continued Authorities Page Texas Court of Appeal cases Antwine v. State 14,15 268 S.W.3d 634 (Tex. App. – Eastland 2008, pet. ref’d) Bradfield v. State 15 42 S.W.3d 350 (Tex. App. – Texarkana 2001, pet. ref’d) Burruss v. State 13 20 S.W.3d 179, 186 (Tex. App. – Texarkana 2000, pet. ref’d) Coronado v. State 16 996 S.W.2d 283, 285 (Tex. App. – Waco 2000, pet. ref’d) Gutierrez v. State 11 354 S.W.3d 1 (Tex. App. – Texarkana 2011, pet. granted on other grounds) Kanouse v. State 15 958 S.W.2d 509, 510 (Tex. App. – Beaumont 1996, no pet.) Statut…
discussed Cited as authority (rule) George Henry Walker v. State
Tex. App. · 2015 · confidence medium
See, Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App. – Texarkana 2001, pet. ref’d); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App. – Beaumont 1996, no pet.)(citing Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim.
discussed Cited as authority (rule) Vincent Alonzo Corson v. State
Tex. App. · 2015 · confidence medium
See, Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App. – Texarkana 2001, pet. ref’d); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App. – Beaumont 1996, no pet.)(citing Jackson v. State, 680 S.W.2d 809, 814 (Tex. Crim.
discussed Cited as authority (rule) Jamie Lynn Babbs v. State
Tex. App. · 2009 · confidence medium
See Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App.–Texarkana 2001, pet. ref’d); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App.–Beaumont 1998, no pet.); Flores v. State, 936 S.W.2d 478, 479 (Tex. App.–Eastland 1996, pet. ref’d).
discussed Cited as authority (rule) Jamie Lynn Babbs v. State
Tex. App. · 2009 · confidence medium
See Bradfield v. State , 42 S.W.3d 350, 351 (Tex. App.-Texarkana 2001, pet. ref'd); Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.-Beaumont 1998, no pet.); Flores v. State , 936 S.W.2d 478, 479 (Tex. App.-Eastland 1996, pet. ref'd).
discussed Cited as authority (rule) Sabrina Burrus v. State
Tex. App. · 2008 · confidence medium
See Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App.—Eastland 2001, pet. ref’d) (declining to perform factual sufficiency review of punishment evidence); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App.—Beaumont 1998, no pet.) (same).
discussed Cited as authority (rule) Burrus v. State
Tex. App. · 2008 · confidence medium
See Bradfield v. State, 42 S.W.3d 350, 351 (TexApp.-Eastland 2001, pet. ref'd) (declining to perform factual sufficiency review of punishment evidence); Kanouse v. State, 958 S.W.2d 509, 510 (Tex.App.-Beaumont 1998, no pet.) (same).
discussed Cited as authority (rule) Sabrina Burrus v. State
Tex. App. · 2008 · confidence medium
See Bradfield v. State , 42 S.W.3d 350, 351 (Tex. App.—Eastland 2001, pet. ref’d) (declining to perform factual sufficiency review of punishment evidence); Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.—Beaumont 1998, no pet.) (same).
discussed Cited as authority (rule) Correy Vanessa Hurst v. State
Tex. App. · 2008 · confidence medium
See Bradfield v. State , 42 S.W.3d 350, 351 (Tex. App.-Eastland 2001, pet. ref'd); Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.-Beaumont 1998, no pet.); Flores v. State , 936 S.W.2d 478, 479 (Tex. App.-Eastland 1996, pet. ref'd).
discussed Cited as authority (rule) Correy Vanessa Hurst v. State
Tex. App. · 2008 · confidence medium
See Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App.–Eastland 2001, pet. ref’d); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App.–Beaumont 1998, no pet.); Flores v. State, 936 S.W.2d 478, 479 (Tex. App.–Eastland 1996, pet. ref’d).
cited Cited as authority (rule) Robertson v. State
Tex. App. · 2008 · confidence medium
Bradfield v. State, 42 S.W.3d 350, 351-52 (Tex.App.-Eastland 2001, pet. ref'd); Kanouse v. State, 958 S.W.2d 509, 510 (Tex.App.-Beaumont 1998, no pet.).
discussed Cited as authority (rule) Christopher Cotten v. State
Tex. App. · 2007 · confidence medium
See Bradfield v. State , 42 S.W.3d 350, 351 (Tex. App.--Eastland 2001, pet. ref'd); Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.--Beaumont 1998, no pet.); Flores v. State , 936 S.W.2d 478, 479 (Tex. App.--Eastland 1996, pet. ref'd).
discussed Cited as authority (rule) Branden Letory Brandon v. State
Tex. App. · 2007 · confidence medium
See Bradfield v. State , 42 S.W.3d 350, 352 (Tex. App.--Eastland 2001, pet. ref'd); Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.--Beaumont 1998, no pet.); see also Flores v. State , 936 S.W.2d 478, 478-79 (Tex. App.--Eastland 1996, pet. ref'd) (declining to apply factual sufficiency review of evidence to support jury's assessment of punishment).
discussed Cited as authority (rule) Alfonza Lewis Brown v. State
Tex. App. · 2007 · confidence medium
See Bradfield v. State , 42 S.W.3d 350, 352 (Tex. App.--Eastland 2001, pet. ref'd); Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.--Beaumont 1998, no pet.). (2) As the punishment assessed was within the applicable statutory range, the issue as it may be presented is whether the punishment assessed was grossly disproportionate and thus unconstitutional.
discussed Cited as authority (rule) Cameka Domoneak Sullivan v. State
Tex. App. · 2007 · confidence medium
Bradfield v. State , 42 S.W.3d 350, 352 (Tex. App.--Eastland 2001, pet. ref'd); Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.--Beaumont 1998, no pet.). (4) As the punishment assessed was within the applicable statutory range, the issue as it may be presented is whether the punishment assessed was grossly disproportionate and thus unconstitutional.
discussed Cited as authority (rule) Ward v. State
Tex. App. · 2004 · confidence medium
See id. at 351 (“Appellant contends that the evidence was factually insufficient ... to support the 20 year sentence that he received.”); Kanouse v. State, 958 S.W.2d 509, 510 (Tex.App.-Beaumont 1998, no pet.) (per curiam) (“Point of error one claims the evidence adduced during the punishment phase was factually insufficient to sustain the jury’s assessment of sixty years’ confinement.”).
discussed Cited as authority (rule) Billy Joe Brown v. State
Tex. App. · 2004 · confidence medium
See Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App.-Texarkana 2001, pet. ref'd); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App.-Beaumont 1998, no pet.); Flores v. State, 936 S.W.2d 478, 479 (Tex. App.-Eastland 1996, pet. ref'd).
discussed Cited as authority (rule) Roy Kyle Smith v. State
Tex. App. · 2003 · confidence medium
See Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App.-Texarkana 2001, pet. ref'd); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App.-Beaumont 1998, no pet.); Flores v. State, 936 S.W.2d 478, 479 (Tex. App.-Eastland 1996, pet. ref'd).
discussed Cited as authority (rule) Willie Skinner v. State
Tex. App. · 2003 · confidence medium
See Bradfield v. State, 42 S.W.3d 350, 351 (Tex. App.-Texarkana 2001, pet. ref'd); Kanouse v. State, 958 S.W.2d 509, 510 (Tex. App.-Beaumont 1998, no pet.); Flores v. State, 936 S.W.2d 478, 479 (Tex. App.- Eastland 1996, pet. ref'd).
cited Cited as authority (rule) John Leslie Davis v. State
Tex. App. · 1999 · confidence medium
Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.--Beaumont 1998, no pet.); Flores v. State , 936 S.W.2d 478, 479 (Tex. App.--Eastland 1997, pet. ref'd).
cited Cited "see" Jarvis v. State
Tex. App. · 2010 · signal: see · confidence high
See Kanouse v. State, 958 S.W.2d 509, 510 (TexApp.-Beaumont 1998, no pet.).
discussed Cited "see" Jeffery Leon Holt v. State
Tex. App. · 2007 · signal: see · confidence high
See Kanouse v. State , 958 S.W.2d 509, 510 (Tex. App.—Beaumont 1998, no pet.) (per curium) (holding that a sentence within the permissible statutory range of punishment would not be disturbed on appeal).
Retrieving the full opinion text from the archive…
Rhonda Jane KANOUSE, Appellant,
v.
the STATE of Texas, Appellee
09-96-156 CR.
Court of Appeals of Texas.
Jan 7, 1998.
958 S.W.2d 509
1998 Tex. App. LEXIS 86
1998 WL 4468
John D. MacDonald, II, Conroe, for appellant., Michael McDcugal, Dist. Atty., Gail Kika-wa McConnell, Asst. Dist. Atty., Conroe, for state.
Walker, Burgess, Stover.
Cited by 32 opinions  |  Published

OPINION

PER curiam:.

Rhonda Jane Kanouse pleaded guilty to first degree murder. During punishment proceedings, the jury made an affirmative finding a deadly weapon was used and assessed punishment at sixty years’ confinement in the Texas Department of Criminal Justice—Institutional Division. Raising two points of error, Kanouse appeals her conviction.

Point of error one claims the evidence adduced during the punishment phase was factually insufficient to sustain the jury’s assessment of sixty years’ confinement. Ka-nouse is, in effect, asking this court to conduct a Clewis review of the punishment evidence. This we decline to do. We agree with the Eastland Court of Appeals that Clewis v. State, 922 S.W.2d 126 (Tex.Crim.App.1996) does not apply to the assessment of punishment. Flores v. State, 936 S.W.2d 478 (Tex.App.—Eastland 1996, pet. ref'd).

The general rule is that as long as a sentence is within the statutory range, it will not be disturbed on appeal. Gerhardt v. State, 935 S.W.2d L92, 196 (Tex.App.—Beaumont 1996, no pet.) (citing Jackson v. State, 680 S.W.2d 809, 814 (Tex.Crim.App.1984)). The range of purishment for first degree murder is life or five to ninety-nine years’ imprisonment. Tex. Pen. Code Ann. § 12.32(a) (Vernon 1994). Kanouse was clearly sentenced within the permissible range, and that sentence will not be disturbed. Point of eiror one is overruled.

Kanouse’s second! point of error argues the trial court abused its discretion and committed reversible error when it admitted irrelevant evidence in the punishment phase. Specifically, Kanouse complains victim impact testimony offered by the State during the[*511] direct examination of the victim’s cousin, Larry McClure, had no tendency to make any fact in issue more or less probable than it would have been without it.

Issues of relevance are within the trial court’s discretion and will not be reversed absent an abuse of that discretion. Ford v. State, 919 S.W.2d 107,115 (Tex.Crim. App.1996). Unless the ruling was outside the zone of reasonable disagreement, it will not be disturbed on appeal. Id.; Montgomery v. State, 810 S.W.2d 372, 391 (Tex.Crim.App.1990) (op. on reh’g). As noted in Brooks v. State, No. 01-96-00401-CR, slip op. at 5, 1997 WL 465597, at *3 (Tex.App.—Houston [1st Dist.] 1997, no pet. h.), evidence in the punishment phase is not “relevant” in the sense that it tends to make more or less probable some identifiable issue of ultimate fact at the punishment phase. Victim impact testimony is “relevant” because the courts have deemed “that information appropriate for the factfinder to consider in exercise of its unfettered discretion to assess whatever punishment within the prescribed range it sees fit.” Id. (quoting Murphy v. State, 111 S.W.2d 44, 63 (Tex.Crim.App.1988) (op. on reh’g)). “The test for relevancy of the evidence is much broader at the punishment stage, the purpose being to allow the factfin-der as much useful information as possible in deciding the appropriate punishment for the individual defendant.” Bowser v. State, 816 S.W.2d 518, 521 (Tex.App.—Corpus Christi 1991, no pet.). See also Mendiola v. State, 924 S.W.2d 157, 163 (Tex.App.—Corpus Christi 1995, pet. ref'd, untimely filed). We are unable to say the trial court acted arbitrarily or unreasonably in permitting the testimony. Point of error two is overruled. The judgment of the trial court is affirmed.

AFFIRMED.