McClinton v. State

121 S.W.3d 768, 2003 Tex. Crim. App. LEXIS 925, 2003 WL 22902846

Opinions

OPINION

The opinion was delivered

PER CURIAM.

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.

COCHRAN, J., filed a concurring opinion. HERVEY, J., filed a dissenting opinion in which JOHNSON, J., joined.

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