Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of August 01, 2011

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Means v. State,   Nos. 02-10-00198-CR,    02-10-00199-CR    (Aug. 4, 2011)   (Gardner, J., joined by Walker, J.; Dauphinot, J., dissents and concurs with opinion). [Note: Both opinions are at the same link in one document.]

Held:   Appellant failed to preserve his excessive sentencing complaint.

Dissent:   A defendant is not required to object to an empty bench or file a motion for new trial, much less present it, to preserve a sentencing complaint for appeal.

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