Flores v. State, 936 S.W.2d 478 (Tex. App.—Eastland 1996). · Go Syfert
Flores v. State, 936 S.W.2d 478 (Tex. App.—Eastland 1996). Cases Citing This Book View Copy Cite
84 citation events (78 in the last 25 years) across 1 distinct court.
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At page 478 Following general rule on sentencing within statutory range32 citing casesTex.App.–Eastland 1996, pet. ref’d18 citing courts put it this way · 19 listed here
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At page 479 Assessing jury punishment within statutory range18 citing casesTex. App.-Eastland 1996, pet. ref'd16 citing courts put it this way · 16 listed here
  • Jack Handley Meyer v. State, No. 06-16-00078-CR (Tex. App.—Texarkana June 29, 2016).published
    (Tex. App.— Eastland 1996, pet. ref'd)
  • Kenneth Dwayne Ghant v. State, No. 11-14-00021-CR (Tex. App.—Eastland Dec. 31, 2015).unpublished
    (Tex. App.––Eastland 1996, pet. ref’d)
  • Jarvis v. State, 315 S.W.3d 158 (Tex. App.—Beaumont 2010).published
    (Tex.App.-Eastland 1996, pet. refd)
  • Jamie Lynn Babbs v. State, No. 12-08-00023-CR (Tex. App.—Tyler Jan. 30, 2009).published 2 cites
    (Tex. App.-Eastland 1996, pet. ref'd)
  • Correy Vanessa Hurst v. State, No. 12-07-00060-CR (Tex. App.—Tyler July 23, 2008).published 2 cites
    (Tex. App.-Eastland 1996, pet. ref'd)
  • Christopher Cotten v. State, No. 06-07-00119-CR (Tex. App.—Texarkana Dec. 31, 2007).unpublished
    (Tex. App.--Eastland 1996, pet. ref'd)
  • Billy Joe Brown v. State, No. 12-03-00277-CR (Tex. App.—Tyler Feb. 18, 2004).published
    (Tex. App.-Eastland 1996, pet. ref'd)
  • Roy Kyle Smith v. State, No. 12-03-00206-CR (Tex. App.—Tyler Dec. 23, 2003).published
    (Tex. App.-Eastland 1996, pet. ref'd)
  • Willie Skinner v. State, No. 12-02-00350-CR (Tex. App.—Tyler Nov. 19, 2003).published
    (Tex. App.- Eastland 1996, pet. ref'd)
  • John Leslie Davis v. State, No. 03-98-00488-CR (Tex. App.—Austin Jan. 28, 1999).unpublished
    (Tex. App.--Eastland 1997, pet. ref'd)
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Retrieving the full opinion text from the archive…
Michael Jaramillo FLORES, Appellant,
v.
STATE of Texas, Appellee
11-96-029-CR.
Court of Appeals of Texas.
Dec 19, 1996.
Published opinion
936 S.W.2d 478
1996 Tex. App. LEXIS 5680
1996 WL 733155
Stan Brown, Abilene, for appellant., James Eidson, Criminal District Attorney, Kollin Shadle, Appellate Section, Criminal District Attorney’s Office, Abilene, for appel-lee.
Arnot, Dickenson, McCLOUD.
Cited by 84 opinions  |  Published
DICKENSON, Justice.

Michael Jaramillo Flores pleaded guilty to aggravated robbery, [1] and the jury assessed his punishment at 25 years confinement. We affirm.

Appellant presents a solitary point of error, arguing that the evidence was “factually insufficient” to support the jury’s assessment of punishment. This point will be overruled for two reasons. First, we will follow the general rule that a penalty assessed within the range of punishment established by the legislature will not be disturbed on ap[*479] peal. See, e.g., Jackson v. State, 680 S.W.2d 809, 814 (Tex.Cr.App.1984); Nunez v. State, 565 S.W.2d 586, 538 (Tex.Cr.App.1978). See also and compare Eldridge v. State, - S.W.2d -, -, 1996 WL 668596 (No. 71,863, Tex.Cr.App., November 20, 1996) (not yet reported) (slip opinion at p. 9).

The recent holding in Clewis v. State, 922 S.W.2d 126 (Tex.Cr.App.1996), does not apply to the assessment of punishment. Second, if Clems were applicable, we would hold that a jury verdict that appellant should be confined for 25 years is not “manifestly unjust.” It does not shock the conscience, nor does it show bias. Appellant entered a plea of guilty to aggravated robbery, and the evidence shows that he fired a rifle and appeared to be the leader. One of the victims testified that she believed the two people with guns “were going to kill us.” She also testified that the experience had changed her life. The jury also knew that appellant had received probation on a prior offense involving possession of a sawed-off shotgun. Under the range of punishment authorized for this first degree felony, the jury could have assessed punishment at imprisonment for life or for any term of not less than five nor more than 99 years. See TEX.PENAL CODE ANN. § 12.32 (Vernon 1994).

The judgment of the trial court is affirmed.

1

. The offense is defined as a felony of the first degree in TEX.PENAL CODE ANN. § 29.03 (Vernon 1994).