Casias v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that if the record does not reflect that the sentence was pronounced in the defendant’s presence, there is no sentence, and the court is without jurisdiction to entertain an appeal
• interpreting predecessor statute providing sentence to be “made in the presence of the defendant” to conclude there was “no sentence at all” because defendant was absent during oral pronouncement of sentence
• Defendant executed sworn waiver of his right to be present at sentencing; sentence voided due as violation of Art. 42.02 defining sentence as \made is the presence of defendant\
• Defendant executed sworn waiver of his right to be present at sentencing; sentence voided due as violation of Art. 42.02 defining sentence as “made is the presence of defendant”
• when record does not reflect that sentence was pronounced in defendant’s presence, there is no sentence, and court is without jurisdiction to entertain appeal
• when record does not reflect that sentence was pronounced in defendant’s presence, there is no sentence, and court is without jurisdiction to entertain appeal

Source: CourtListener parenthetical corpus (CC0).

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

• Ex Parte Cannon
  Court of Criminal Appeals of Texas· 1976-11-10· cited 161×
• Hurd v. State
  Court of Criminal Appeals of Texas· 1977-02-09· cited 91×
• Ford v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2001-03-08· cited 89×
• Powell v. State
  Court of Criminal Appeals of Texas· 1994-12-07· cited 89×
• Foster v. State
  Court of Criminal Appeals of Texas· 1982-07-21· cited 72×
• Dennis v. State
  Court of Criminal Appeals of Texas· 1983-03-16· cited 66×
• Woods v. State
  Court of Criminal Appeals of Texas· 1976-02-04· cited 50×
• Labelle v. State
  Court of Criminal Appeals of Texas· 1985-06-26· cited 49×
• Commonwealth v. Jones
  Supreme Court of Pennsylvania· 1992-05-19· cited 46×
• Meachum v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2008-12-04· cited 36×
• Garza v. State
  Tex. App. Ct., 5th Dist. (Dallas)· 1985-07-17· cited 33×
• Jordan v. State
  Court of Criminal Appeals of Texas· 1977-06-22· cited 30×
• Martinez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 1999-08-18· cited 29×
• Keys v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2011-04-12· cited 28×
• Means v. State
  Court of Appeals of Texas· 1992-02-27· cited 23×
• Lopez v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1988-11-30· cited 13×
• Johnson v. State
  Court of Appeals of Texas· 1988-03-31· cited 13×
• Warr v. State
  Court of Criminal Appeals of Texas· 1979-11-21· cited 11×
• In Re Risley
  Court of Appeals of Texas· 2006-04-03· cited 6×
• Warren v. State
  Court of Criminal Appeals of Texas· 1976-02-11· cited 1×

Cites

5 cases in this archive are cited by this case.

• Millman v. State
  Court of Criminal Appeals of Texas· 1972-12-20· cited 14×
• Kaherl v. Kaherl
  Court of Appeals of Texas· 1962-05-18· cited 13×
• Garbs v. State
  Court of Criminal Appeals of Texas· 1950-12-06· cited 8×
• Gilliam v. Riggs
  Court of Appeals of Texas· 1964-11-25· cited 6×
• Mennis v. State
  Court of Criminal Appeals of Texas· 1973-05-01· cited 5×