McClinton, Harold, Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: December 10, 2003
• Docket: PD-0587-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 587-01 HAROLD MCCLINTON, JR., Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

The opinion was delivered per curiam. Cochran, J. filed a concurring opinion. Hervey, J. filed a dissenting opinion in which Johnson, J. joined.

O P I N I O N

Appellant was convicted of possession of cocaine and sentenced to twelve years in prison. Twenty days after his conviction and sentencing, the trial judge modified McClinton's sentence to ten years in prison. The Court of Appeals affirmed. ⁽¹⁾

We granted the State's petition for discretionary review to address whether a trial court has the power to reform a defendant's sentence after the defendant has already begun serving the sentence. We have determined that our decision to grant review was improvident. Therefore, the petition is dismissed.

DATE DELIVERED: December 10, 2003

PUBLISH

1.

McClinton v. State, 38 S.W.3d 747, 751 (Tex. App.--Houston [14th Dist.] 2001).