Kedrien Offord v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 29, 2023
• Docket: 02-22-00270-CR
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________

No. 02-22-00270-CR ___________________________

KEDRIEN OFFORD, Appellant

V.

THE STATE OF TEXAS

On Appeal from Criminal District Court No. 2 Tarrant County, Texas Trial Court No. 1653299D

Before Sudderth, C.J.; Birdwell and Walker, JJ. Memorandum Opinion by Justice Birdwell MEMORANDUM OPINION

The trial court convicted Appellant Kedrien Offord of three counts of

aggravated assault with a deadly weapon and a single count of deadly conduct on his

open pleas of guilty and, after considering the presentence investigation report (PSI),

sentenced him to seven years’ confinement for each count, to be served concurrently.

See Tex. Penal Code Ann. §§ 22.02, 22.05.

In a single point, Offord complains that the trial court’s consideration of the

PSI at punishment violated his confrontation rights under the Sixth Amendment.

However, he acknowledges that the Texas Court of Criminal Appeals has held

otherwise, see Stringer v. State, 309 S.W.3d 42, 48 (Tex. Crim. App. 2010), 1 and that he

merely raises the argument “for a change or reversal in the law.” Bound by the court’s

pronouncement in Stringer, see Sell v. State, 488 S.W.3d 397, 399 (Tex. App.—Fort

Worth 2016, pet. ref’d), we overrule Offord’s sole point and affirm the trial court’s

judgment.

/s/ Wade Birdwell

Wade Birdwell Justice

Do Not Publish Tex. R. App. P. 47.2(b)

Delivered: June 29, 2023

1 In Stringer, the Court of Criminal Appeals held that “[w]hen the sentence is determined by the judge, the information in a PSI is not subject to the Confrontation Clause.” 309 S.W.3d at 48.