No. 22-5832

Robert Joseph Schmitt v. Texas

Lower Court: Texas
Docketed: 2022-10-13
Status: Denied
Type: IFP
IFP
Tags: concurrent-sentences criminal-sentencing cumulation due-process legislative-intent sentence-cumulation statutory-interpretation texas-law texas-legislature trial-court
Key Terms:
DueProcess
Latest Conference: 2023-01-06
Question Presented (AI Summary)

Was respondent denied due process of law when the trial court cumulated respondent's two twenty year sentences when the law in effect enacted by the Texas Legislature states that offenses committed before September 1%, 1997 were to run concurrently?

Question Presented (OCR Extract)

QUESTION PRESENTED Was respondent denied due process of law when the trial court cumulated respondent’s two twenty year sentences when the law in effect enacted by the Texas Legislature states that offenses committed before September 1%, 1997 were to run concurrently? ***Note*** Failure of this Honorable Court to grant certiorari in this case will result in respondent serving an additional 10-flat calendar years in prison on a sentence he was not legally eligible to receive. |

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-10-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2022)

Attorneys

Robert Joseph Schmitt
Robert Joseph Schmitt — Petitioner
Robert Joseph Schmitt — Petitioner