Rodney Deon Sampson v. State ( 2014 )

REVERSE and REMAND; and Opinion Filed June 16, 2014.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01649-CR
RODNEY DEON SAMPSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F11-53201-K
MEMORANDUM OPINION
Before Justices Fillmore, Evans, and Lewis
Opinion by Justice Fillmore
A jury convicted Rodney Deon Sampson of possession of 3,4-methylenedioxy
methamphetamine in an amount less than one gram. During the punishment phase, Sampson
pleaded true to one enhancement paragraph alleging a prior conviction for an aggravated assault
with a deadly weapon. The trial court found the enhancement paragraph true and assessed
punishment at fifteen years’ imprisonment. In a single issue 1, Sampson contends the trial court
erred in sentencing him to fifteen years’ imprisonment. The State concedes the trial court erred
1
In his brief, Sampson states the evidence is “legally sufficient to support the appellant’s conviction for possession of a controlled substance in
cause no. F1153201.” Thus, Sampson does not challenge the sufficiency of the evidence in this case.
in assessing a fifteen-year sentence. We reverse the trial court’s judgment as to punishment and
remand the cause to the trial court for a new punishment hearing.
In his sole issue, Sampson contends his fifteen-year sentence is void because it is outside
the punishment range for the offense as enhanced. The indictment alleged he committed the
offense of possession of 3,4-methylenedioxy methamphetamine in an amount of less than one
gram, a state jail felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.116(a), (b) (West 2010).
The punishment range for a state jail felony is confinement in a state jail for 180 days to two
years and an optional fine of up to $10,000. See TEX. PENAL CODE ANN. § 12.35(a) (West Supp.
2013). The indictment also alleged Sampson had a prior felony conviction for aggravated assault
with a deadly weapon, which elevated the punishment range to that for a third-degree felony
offense. See id. § 12.35(c)(2)(B). The punishment range for a third-degree felony is
imprisonment for two to ten years and an optional fine of up to $10,000. See id. § 12.34 (West
2011).
In this case, the trial court assessed punishment at fifteen years’ imprisonment, which is
outside the punishment range for a third-degree felony. See id. The Texas Court of Criminal
Appeals has consistently held that a sentence outside the proscribed punishment range is void
and illegal. See Mizell v. State, 119 S.W.3d 804, 806 (Tex. Crim. App. 2003). A defendant has
an “absolute and nonwaiveable right to be sentenced within the proper range of punishment.”
Speth v. State, 6 S.W.3d 530, 532–33 (Tex. Crim. App. 1999). We therefore resolve Sampson’s
sole issue in his favor.
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We reverse the trial court’s judgment as to punishment and remand the cause for a new
punishment hearing.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
121649F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RODNEY DEON SAMPSON, Appellant Appeal from the Criminal District Court
No. 4 of Dallas County, Texas (Tr.Ct.No.
No. 05-12-01649-CR V. F11-53201-K).
Opinion delivered by Justice Fillmore,
THE STATE OF TEXAS, Appellee Justices Evans and Lewis participating.
Based on the Court’s opinion of this date, the judgment of the trial court is REVERSED
as to punishment and the cause REMANDED for a new punishment hearing pursuant to TEX.
CODE CRIM. PROC. ANN. art. 44.29(b).
Judgment entered June 16, 2014.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
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