· 5/2/1991
Asberry v. State
Citations
- 813 S.W.2d 526
- 1991 Tex. App. LEXIS 2104
- 1991 WL 96411
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a jury’s deadly-weapon finding is an affirmative finding affecting parole eligibility and involving punishment that shall be entered in the judgment
- agreeing with Asberry regarding appellate courts’ authority to reform judgments and adopting Asberry’s reasoning
- in absence of appropriate Rule 404(b) objection in trial court nothing is preserved for appellate review
- in absence of appropriate Rule 404(b) objection in trial court nothing is preserved for appellate review
- “Appellate courts have frequently reformed judgments to correct improper recitations or omissions relating to punishment.”
- appellate court has authority to sua sponte modify incorrect judgment to make record speak the truth when it has necessary information to do so
Source: CourtListener parenthetical corpus (CC0).
Judges: Onion
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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