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The second attempt at sentencing violated appellant's rights under the Double Jeopardy Clause. Because the ten-year sentence was a valid and authorized sentence under the Texas Penal Code, the trial court's second pronouncement of a 25-year sentence the following day was an unconstitutional 15-year increase.
January 24, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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