From Casetext: Smarter Legal Research

Coleman v. State

Court of Criminal Appeals of Texas, En Banc
Jun 25, 1986
711 S.W.2d 660 (Tex. Crim. App. 1986)

Opinion

No. 916-85.

June 25, 1986.

Appeal from 262nd Judicial District, Harris County; Doug Shaver, J.

Doug O'Brien, court-appointed on appeal only, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. and J. Harvey Hudson and Carol Davies, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW


Appeal is taken from a conviction for the offense of kidnapping. Appellant was convicted in a trial before the Court. Punishment, enhanced by proof of one prior felony conviction, was assessed at 15 years. Appellant's conviction was affirmed by the Court of Appeals in a consolidated opinion involving appellant's two co-defendants. Iniguez v. State, 693 S.W.2d 759 (Tex.App.-Houston [14th] 1985).

We agree with the Court of Appeals that Appellant's conviction should be affirmed. Accordingly, the appellant's petition for discretionary review will be refused. As is true in every case, refusal of discretionary review by this Court does not constitute endorsement or adoption of the reasoning employed by the Court of Appeals.

To prevent any misunderstanding, we take this opportunity once again to emphasize that summary refusal of a petition for discretionary review by this Court is of no precedential value. This is true whether the petition is refused without opinion, as is the usual practice, as well as where the petition is refused with a brief opinion disavowing the reasoning employed by the Court of Appeals, as in the instant case. The Bench and Bar of the State should not assume that the summary refusal of a petition for discretionary review lends any additional authority to the opinion of the Court of Appeals. Sheffield v. State, 650 S.W.2d 813 (Tex.Crim.App. 1983).

The appellant's petition for discretionary review is refused.


Summaries of

Coleman v. State

Court of Criminal Appeals of Texas, En Banc
Jun 25, 1986
711 S.W.2d 660 (Tex. Crim. App. 1986)
Case details for

Coleman v. State

Case Details

Full title:John Kenneth COLEMAN, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, En Banc

Date published: Jun 25, 1986

Citations

711 S.W.2d 660 (Tex. Crim. App. 1986)