9 Texas opinions name it 3 courts 1948–2025 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hart v. Stategreen1 sentence2025See Hart v. State, 581 S.W.2d 675 , 678–79 (Tex. Crim. | 1 | 1 |
Becerra v. Stategreen1 sentence2013See Cifuentes v. State, 983 S.W.2d 891 , 893–94 (Tex. App.—Houston [1st Dist.] 1999, pet. ref’d) (isolated reference to lesser included offense as misdemeanor is not reversible error provided no explicit statement regarding range of punishment assigned to felonies and misdemeanors is made); Esparza v. State, 725 S.W.2d 422, 427 (Tex. App.—Houston [1st Dist.] 1987, no pet.) (statement that a lesser-included offense was a misdemeanor was not error where prosecutor never referred to the range of punishment during the argument at the guilt-innocence stage); Becerra v. State, 652 S.W.2d 489, 492 (T | 1 | 1 |
Esparza v. Stategreen1 sentence2013See Cifuentes v. State, 983 S.W.2d 891 , 893–94 (Tex. App.—Houston [1st Dist.] 1999, pet. ref’d) (isolated reference to lesser included offense as misdemeanor is not reversible error provided no explicit statement regarding range of punishment assigned to felonies and misdemeanors is made); Esparza v. State, 725 S.W.2d 422, 427 (Tex. App.—Houston [1st Dist.] 1987, no pet.) (statement that a lesser-included offense was a misdemeanor was not error where prosecutor never referred to the range of punishment during the argument at the guilt-innocence stage); Becerra v. State, 652 S.W.2d 489, 492 (T | 1 | 1 |
Cifuentes v. Stategreen1 sentence2013See Cifuentes v. State, 983 S.W.2d 891 , 893–94 (Tex. App.—Houston [1st Dist.] 1999, pet. ref’d) (isolated reference to lesser included offense as misdemeanor is not reversible error provided no explicit statement regarding range of punishment assigned to felonies and misdemeanors is made); Esparza v. State, 725 S.W.2d 422, 427 (Tex. App.—Houston [1st Dist.] 1987, no pet.) (statement that a lesser-included offense was a misdemeanor was not error where prosecutor never referred to the range of punishment during the argument at the guilt-innocence stage); Becerra v. State, 652 S.W.2d 489, 492 (T | 1 | 1 |
Axelrod v. Stategreen1 sentence1997See Axelrod, 764 S.W.2d at 302 . | 1 | 1 |
Sheffield v. Stategreen1 sentence1992Sheffield v. State, 647 S.W.2d 413, 416 (Tex.App.—Austin 1983, pet. ref’d). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Matyastik
green
1 sentence2015The trial court then rendered a [*102] OPINION ON STATE'S judgment nisi for $ 2,500, the bond PETITION FOR DISCRETIONARY amount, against the principal, Herbert REVIEW Sheeley, and Bob Matyastik and Dolores State v Matyastik, 811 S.W.2d 102 (Tex. Crim. | 1 | 2015–2015 |
Harvey v. State
green
2 sentences1977See Article III, § 35, Texas Constitution Stein thus held that the penalty for violation of § 186 fell under the general penalty provision of Article 6701d, supra, found in § 143, which provides: “(a) It is a misdemeanor for any person to violate any of the provisions of this Act unless such violation is by this Act or other law of this State declared to be a felony. “(b) Every person convicted of a misdemeanor for a violation of any of the provisions of this Act for which another penalty is not provided shall be punished by a fine of not less than One ($1.00) Dollar nor more than Two Hundred 1977See Article III, § 35, Texas Constitution Stein thus held that the penalty for violation of § 186 fell under the general penalty provision of Article 6701d, supra, found in § 143, which provides: "(a) It is a misdemeanor for any person to violate any of the provisions of this Act unless such violation is by this Act or other law of this State declared to be a felony. "(b) Every person convicted of a misdemeanor for a violation of any of the provisions of this Act for which another penalty is not provided shall *449 be punished by a fine of not less than One ($1.00) Dollar nor more than Two Hun | 1 | 1977–1977 |
Besson v. State
green
2 sentences1977See Article III, § 35, Texas Constitution Stein thus held that the penalty for violation of § 186 fell under the general penalty provision of Article 6701d, supra, found in § 143, which provides: “(a) It is a misdemeanor for any person to violate any of the provisions of this Act unless such violation is by this Act or other law of this State declared to be a felony. “(b) Every person convicted of a misdemeanor for a violation of any of the provisions of this Act for which another penalty is not provided shall be punished by a fine of not less than One ($1.00) Dollar nor more than Two Hundred 1977See Article III, § 35, Texas Constitution Stein thus held that the penalty for violation of § 186 fell under the general penalty provision of Article 6701d, supra, found in § 143, which provides: "(a) It is a misdemeanor for any person to violate any of the provisions of this Act unless such violation is by this Act or other law of this State declared to be a felony. "(b) Every person convicted of a misdemeanor for a violation of any of the provisions of this Act for which another penalty is not provided shall *449 be punished by a fine of not less than One ($1.00) Dollar nor more than Two Hun | 1 | 1977–1977 |
Stein v. State
green
1 sentence1977The officer giving such signal shall be in uniform, prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle." Following this Court's decision in Stein v. State, 515 S.W.2d 104 , a violation of Art. 6701d, Sec. 186, is punishable through the general punishment provisions of Art. 6701d, Sec. 143, V.A.C.S., which provides: "(b) Every person convicted of a misdemeanor for a violation of any of the provisions of this Act for which another penalty is not provided shall be punished by a fine of not less than One ($1.00) Dol | 1 | 1977–1977 |
Texas & N. O. R. v. Stewart
green
1 sentence1955Co. v. Stewart, Tex.Civ.App., 248 S.W.2d 177, 184 , n. r. e. (a similar situation), *305 in the construction and application of the foregoing Article, we must bear in mind that it is a criminal statute, because Sec. 143 provides (a) it - is á misdemeanor to violate any of the provisions of this Act unless such violation is by this Act or some other law of this state declared to be a felony ; ■ and (b) every person, convicted of a misdemeanor or a violation of any of the provisions of this Act, for which another penalty is not provided, shall be punished by a fine of not less than $1.00 and mor | 1 | 1955–1955 |
Shepherd v. State
green
2 sentences1948“Defendant or any other witness cannot legally be impeached by proof that he was arrested for or charged with or convicted of a misdemeanor violation of the local option law, it not being a misdemeanor imputing moral turpitude.” See also Shepherd v. State, 76 Tex. Cr. 1948R. 307 , 174 S. W. 609 ; Johnson v. State, 80 Tex. Cr. | 1 | 1948–1948 |
Johnson v. State
neutral
1 sentence1948R. 307 , 174 S. W. 609 ; Johnson v. State, 80 Tex. Cr. | 1 | 1948–1948 |
Queen Insurance v. State
green
1 sentence1948Co. v. State, 86 Tex. 250 , 24 9. .W. 397, 22 L. | 1 | 1948–1948 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.