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Yarbrough v. State

Court of Criminal Appeals of Texas, En Banc
Jun 21, 1989
779 S.W.2d 844 (Tex. Crim. App. 1989)
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Summary

rejecting the holding and reasoning in Brass

Summary of this case from Bryant v. State
See 9 Summaries

Opinion

No. 032-88.

June 21, 1989.

Appeal from the Criminal District Court, Dallas County, Ron Chapman, J.

John A. Haring, Dallas, for appellant.

John Vance, Dist. Atty., and Pamela Sullivan Berdanier, Constance M. Maher, Jerri Sims and Dale Jensen, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted by jury for the offense of aggravated sexual assault. The jury assessed punishment at ten years confinement in the Texas Department of Corrections.

On direct appeal, the Dallas Court of Appeals affirmed appellant's conviction, holding that the trial court did not err in failing to include in the charge on punishment the fifteen statutory terms and conditions enumerated in Tex. Code Crim.Pro.Ann. art. 42.12 § 6(a). Yarbrough v. State, 742 S.W.2d 62 (Tex.App. — Dallas 1987). We granted appellant's petition for discretionary review to review the Court of Appeals' decision.

After reviewing the record, the briefs filed, the pertinent case law and the Court of Appeals' disposition of the issue, it appears that the decision of the Court of Appeals is correct and language to the contrary in Brass v. State, 643 S.W.2d 443 (Tex.App. — Houston [14th Dist.] 1982 writ ref'd.), is expressly overruled and the granting of appellant's petition for discretionary review was improvident. See Murphy v. State, 777 S.W.2d 44 (Tex.Cr.App. 1988), decided this date.

Therefore, appellant's petition for discretionary review is hereby dismissed pursuant to Tex.R.App.Pro. Rule 202(k).

IT IS SO ORDERED.

TEAGUE and CAMPBELL, JJ., concur in the result.

MILLER, J., dissents and would follow Brass v. State.

Summaries of

Yarbrough v. State

Court of Criminal Appeals of Texas, En Banc
Jun 21, 1989
779 S.W.2d 844 (Tex. Crim. App. 1989)

rejecting the holding and reasoning in Brass

Summary of this case from Bryant v. State

dismissing petition as improvidently granted and expressly overruling Brass v. State, 643 S.W.2d 443 (Tex.App.-Houston [14th Dist.] 1982, pet. ref'd), which had required inclusion of probation terms in the jury charge

Summary of this case from Croft v. State

dismissing petition as improvidently granted and expressly overruling Brass v. State, 643 S.W.2d 443 (Tex.App.-Houston [14th Dist.] 1982, pet. ref'd), which had required inclusion of probation terms in the jury charge

Summary of this case from Musachia v. State

In Yarbrough, the Court of Criminal Appeals agreed with a decision by the Dallas court of appeals that held that the trial court was not required to submit the statutory terms of probation in the jury charge on punishment.

Summary of this case from Cortez v. State

In Yarbrough, the Court specifically overruled Brass v. State, a prior court of appeals decision that held that an accused is "entitled to have all of the allowable statutory terms and conditions of probation enumerated in the court's charge to the jury upon a proper objection or request."

Summary of this case from Cortez v. State

agreeing with court of appeals that conditions of probation need not be included in jury charge

Summary of this case from Cortez v. State

overruling Brass v. State that held conditions of probation must be included in charge

Summary of this case from Cortez v. State

overruling Brass v. State

Summary of this case from Saenz v. State

In Yarbrough v. State, 779 S.W.2d 844, 845 (Tex.Crim.App. 1989), the Court of Criminal Appeals directly addressed the question of whether the trial court had erred by failing to include in the charge on punishment all of the statutory terms and conditions enumerated by Article 42.12.

Summary of this case from Murdock v. State
Case details for

Yarbrough v. State

Case Details

Full title:Gilbert YARBROUGH, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, En Banc

Date published: Jun 21, 1989

Citations

779 S.W.2d 844 (Tex. Crim. App. 1989)

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