X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Lindy Lou Layman, right, stands with her defense attorney Justin Keiter after making an appearance in court, Tuesday, Jan. 9, 2018, in Houston. Layman is challenging allegations that she caused at least $300,000 in damage to a prominent Houston attorney’s art collection at the end of their first date. She is charged with felony criminal mischief for the Dec. 23 incident in the home of attorney Tony Buzbee.

It is correct that criminal mischief over $300,000 is a first degree felony under the Texas Penal Code, but under Sec. 12.32(a), the punishment for a first degree felony is imprisonment “for life or for any term of not more than 99 years or less than 5 years.” That is, the statute gives very wide discretion to sentence for a term as short as 5 years or as long as 99 years or else to sentence for life, so it is irresponsible and attention-grabbing, to borrow one of the reporter’s own phrases, for the article to begin by emphasizing the unrealistic possibility of a life sentence here. Moreover, an article in the Texas Lawyer should give specific citations to any relevant statutes and cases referred to in that article.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.