Max Bova Neely v. State
This text of Max Bova Neely v. State (Max Bova Neely v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
AFFIRM and Opinion Filed October 23, 2020
In the Court of Appeals Fifth District of Texas at Dallas No. 05-19-01322-CR No. 05-19-01323-CR
MAX BOVA NEELY, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause Nos. F19-55234-U, F19-55235-U
MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Browning Opinion by Justice Carlyle Max Bova Neely entered guilty pleas to aggravated robbery and possession of
a firearm by a felon. TEX. PENAL CODE §§ 29.03, 46.04. He also entered true pleas
to two enhancements that increased the applicable sentencing range. Id. § 12.42(d).
The trial court accepted his pleas, found him guilty, and sentenced him to concurrent
terms of forty years’ confinement.
Mr. Neely contends the trial court erred by violating his common law right to
allocution and by giving him a grossly disproportionate sentence. But Mr. Neely did
not raise these issues in the trial court through a timely request, objection, or motion, and thus did not preserve them for our review. See TEX. R. APP. P. 33.1(a)(1);
Rhoades v. State, 934 S.W.2d 113, 120 (Tex. Crim. App. 1996); McClintick v. State,
508 S.W.2d 616, 618 (Tex. Crim. App. 1974); Bell v. State, 326 S.W.3d 716, 724
(Tex. App.—Dallas 2010, pet. dism’d). We affirm.
/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 191322F.U05
–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT
MAX BOVA NEELY, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas No. 05-19-01322-CR V. Trial Court Cause No. F19-55234-U. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Molberg and Browning participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 23rd day of October, 2020.
–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT
MAX BOVA NEELY, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas No. 05-19-01323-CR V. Trial Court Cause No. F19-55235-U. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Molberg and Browning participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
–4–
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