Burg v. Texas (original by judge newell)Annotate this Case
Appellant, James Allan Burg, II, was charged with, and convicted of driving while intoxicated with a BAC of 0.15 or more. At sentencing, the trial court ordered Appellant's driver's license be suspended for one year. Appellant did not object despite having an opportunity to do so. For the first time on appeal, he argued the license suspension was not authorized, therefore he could bring his claim as an illegal sentence. The issue his case presented for the Texas Court of Criminal Appeals was whether he could complain for the first time on appeal about an unauthorized driver's license suspension if he did not object the suspension at his first opportunity. The Court responded - no: "even an unauthorized license suspension cannot be characterized as an 'illegal sentence.' Under these circumstances we follow ordinary preservation of error requirements. Because Appellant had the opportunity to object and did not do so, he has not preserved his appellate claim for review."