Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of June 10, 2013

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.

Sample v. State , No. 02-11-00292-CR (June 13, 2013) (Gardner, J., joined by McCoy and Meier, JJ.).

Held: Appellant's motion to suppress—made after the State had presented all its evidence on guilt-innocence and rested—was untimely, and therefore preserved nothing for review. The trial court did not err to deny Appellant's motion to quash the indictment based on a claim of invalid jury and counsel waiver in a prior conviction used for enhancement because it was within the trial court's discretion to conclude that Appellant did not meet his burden of showing that the prior judgment was not entitled to the presumption of regularity. Appellant failed to preserve his claim that his sentence, which was within the proper statutory range, was cruel and unusual punishment.

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