Pedraza v. State

1 Citing case

  1. Rogers v. Pearland Indep. Sch. Dist.

    827 F.3d 403 (5th Cir. 2016)   Cited 64 times
    Upholding summary judgment for failing the fourth prong of the prima facie case

    Health & Safety Code Ann. § 481.120 ) (indicating that delivery of marijuana was felony in the third degree unless actor delivers one-quarter ounce or less without receiving remuneration, in which case it is a class B misdemeanor).Compare Tex. Code of Crim. Proc. Ann. Art. 42.13, § 3 (1979) (repealed by Acts 1995, 74th Leg., ch. 76, § 7.10, eff. Sept. 1, 1995) (limiting period of probation to maximum period of imprisonment applicable for the offense), and Pedraza v. State , 562 S.W.2d 259, 259–60 (Tex. Crim. App. 1978) (explaining that under scheme applicable at the time, period of probation could not exceed maximum term of confinement allowable for offense of conviction), with Acts of 1973, 63rd Leg. R.S., ch. 399, § 12.22, 1973 Tex. Gen. Laws 907, codified at Tex. Penal Code Ann. § 12.22 (imposing maximum sentence of 180 days imprisonment for class B misdemeanors), and Ex parte Gutierrez , 600 S.W.2d 933, 934 (Tex. Crim. App. 1980) (noting 180 day maximum).