The State of Texas v. Andrew Smith

Summary

The Texas Thirteenth Court of Appeals reversed and remanded a trial court judgment reducing Andrew Smith's sentence for indecency with a child by sexual contact from fourteen years to three years. The court held that the trial court improperly modified the sentence without conducting a new punishment hearing and orally pronouncing the sentence in the presence of the parties.

Holdings

1. The State did not waive its right to appeal by failing to make a separate objection to the trial court's grant of Smith's motion because the State opposed the motion in a written response and was statutorily authorized to appeal the order.
2. A trial court may not validly modify a felony sentence without holding a new punishment hearing in open court and orally pronouncing the modified sentence in the presence of the defendant and the State.
3. The three-year sentencing judgment was invalid because the trial court lacked authority to modify the sentence without the required statutory procedure; the judgment must be reversed and the case remanded for proper assessment of punishment.

Questions Presented

1. Whether the State waived its right to appeal because it did not specifically object to the trial court's grant of Smith's motion to reconsider sentence.
2. Whether the trial court properly modified Smith's felony sentence without conducting a new punishment hearing and orally pronouncing the modified sentence in the presence of the parties.
3. Whether the trial court's three-year sentence was valid or whether the judgment had to be reversed and remanded for proper assessment of punishment.

Disposition

reversed_and_remanded