Texas v. Simpson (original by judge newell)
Annotate this CaseAppellee Mark Twain Simpson entered an open plea of guilty to second-degree felony robbery and true to an enhancement provision alleging one prior conviction for aggravated robbery. The trial court found Simpson guilty, and sentenced him to twenty-five years’ confinement. Simpson filed a motion for new trial, alleging that his sentence constituted a grossly disproportionate punishment. The trial court granted a new punishment trial. On the State’s appeal, the court of appeals held that the record evidence did not substantiate Simpson’s claim and vacated the trial court’s order. The Court of Criminal Appeals granted review to decide whether the court of appeals applied the proper standard of review. Finding no reversible error, the Court of Criminal Appeals affirmed.
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