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The State of Texas v. Caleb Davis

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Hervey, J., delivered the opinion for a unanimous Court. Alcala, J., filed a concurring opinion.

OPINION

Appellee pled guilty to burglary of a habitation with intent to commit aggravated assault and was sentenced to 15 years in prison on September 14, 2009.*fn1 Appellee subsequently filed a Motion for Reconsideration or Reduction of Sentence. On October 16, 2009, the trial court granted Appellee’s motion, without a hearing, and reduced the sentence to 12 years’ confinement. Three days later, the trial court signed a second judgment reducing Appellee’s punishment to 12 years’ confinement. There is no record of an oral pronouncement of the modified sentence in the presence of all of the parties.

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