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Ceballos v. State

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eBook details

  • Title: Ceballos v. State
  • Author : Wisconsin Court of Appeals
  • Release Date : January 07, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

On May 4, 2006, Samuel Ceballos pleaded guilty to evading arrest using a motor vehicle, enhanced to a third-degree felony by Ceballoss previous conviction for evading arrest. See Tex. Penal Code Ann. § 38.04(b)(2)(A) (West Supp. 2007). Ceballos pleaded true to the enhancement allegations, and he was sentenced to ten years imprisonment and ordered to pay all court costs, court-appointed attorneys fees, and restitution as conditions of his parole. Ceballos argues on appeal that the trial court erred in assessing his sentence, which he argues should have come within the range for a state jail felony rather than a third-degree felony, because the date of his prior conviction preceded the legislatures amendment of the statute creating the third-degree felony offense. He also seeks modification of the judgment on the basis that the trial court did not have the authority to order parole conditions. We will modify the judgment and affirm the judgment as modified.


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