[DOWNLOAD] "Loredo v. State" by Texas Tenth District Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Loredo v. State
- Author : Texas Tenth District Court of Appeals
- Release Date : January 08, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Appellant, Eusebio Loredo (Loredo), was charged by indictment with three counts of felony Aggravated Sexual Assault of a Child. Loredo pled not guilty, but a jury found him guilty on all three counts. Punishment was assessed by the jury at 30 years imprisonment for each count. The judge ordered the sentences be served consecutively. Loredo appealed on three issues, and this court reversed the judgment on the first issue and remanded the cause for a new trial. The State sought discretionary review. The Court of Criminal Appeals reversed our judgment and remanded the cause to this Court to address Loredos two remaining issues. Loredo v. State, 107 S.W.3d 36 (Tex. App.--Waco 2003), revd, 2004 Tex. Crim. App. LEXIS 635 (Tex. Crim. App. April 7, 2004). Loredos two remaining issues are: 1) trial counsel was ineffective for failing to file a request for notice under article 37.07 section 3(g) of the Code of Criminal Procedure; and 2) Texas Code of Criminal Procedure article 42.08 is violative of the delegation doctrine and therefore unconstitutional under article II, section one of the Texas Constitution.
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