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Castaneda v. State

Citations

  • 135 S.W.3d 719
  • 2003 Tex. App. LEXIS 5291
  • 2003 WL 21463920

How courts have described this case

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

  • holding that appellant failed to preserve his complaint about the sentence being cruel and unusual since he neither objected to it when the trial court pronounced it nor raised it in a motion for new trial
  • holding Castaneda’s Eighth Amendment complaint failed because punishment was within statutory range, and he failed to show his sentence was disproportionate to others’
  • holding complaint of cruel and unusual punishment under the Texas Constitution was not preserved
  • “Constitutional rights, including the right to be free from cruel and unusual punishment, may be waived.”
  • “In some instances, an appellant may preserve a sentencing issue by raising it in a motion for new trial.”
  • “In some instances, an appellant may preserve a sentencing issue by raising it in a motion for new trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: James, Fitzgerald, Lang

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.