Articles Posted in Sentencing

Under Texas law, a sentence must be orally pronounced in the presence of the suspect. When an oral sentence conflicts with a written judgment, the oral sentence generally prevails. In Ette v. Texas, however, the Court of Criminal Appeals of Texas held that this general rule does not apply when the written judgment includes a sentence imposed by a jury. If you face criminal charges, you should seek the assistance of a Texas criminal defense attorney as soon as possible to analyze the facts of your case and assist you in formulating a defense.

Facts of the Case

Reportedly, a jury found the suspect guilty of misapplication of fiduciary property. The jury assessed the suspect’s penalties as ten-year confinement and a $10,000.00 fine, and recommended a suspension of the confinement but not of the fine. The trial court read the verdict aloud, after which the judge verbally sentenced the suspect to ten years of confinement, but no fine. The suspect appealed the imposition of the fine, arguing it should not be imposed because the judge did not orally pronounce it at the time of sentencing, and oral pronouncements had previously been held to override written judgments. The court of appeals rejected the suspect’s argument and held that the fine should be imposed. The court stated the oral and written pronouncement should be combined to reflect the jury’s verdict. The court of appeals further stated that the suspect had notice that the court intended to impose a fine due to the jury verdict. The suspect then petitioned the Court of Criminal Appeals of Texas for review.

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