Amanda Christine Adams v. State

IN THE
TENTH COURT OF APPEALS
No. 10-16-00280-CR
AMANDA CHRISTINE ADAMS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2016-395-C1
MEMORANDUM OPINION
Amanda Christine Adams entered an open plea of guilty to the offense of
possession with intent to deliver tetrahydrocannabinol within one thousand feet of a
school, a drug free zone. The trial court assessed punishment at ten years confinement.
We reverse and remand for a new hearing on punishment.
In the first issue, Adams argues that the trial court abused its discretion on the
issue of punishment because she was not permitted to present evidence prior to the
pronouncement of her sentence. The State concedes that the trial court erred by failing
to allow Adams to present evidence relevant to sentencing before sentence was
pronounced citing TEX. CODE CRIM. PROC. ANN. 37.07 Sec. 3 (a) (1) (West Supp. 2016);
Borders v. State, 846 S.W.2d 834, 835 (Tex.Crim.App. 1992). We sustain Adams’s first issue
on appeal. Because of our disposition of the first issue, we need not address the second
issue on appeal.1 TEX.R.APP.P. 47.1.
We reverse the trial court’s sentence imposed and remand the cause back to the
trial court for a new hearing on punishment.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Reversed and remanded
Opinion delivered and filed July 26, 2017
Do not publish
[CR25]
1Because no more relief could be obtained from Appellant’s second issue than is granted herein, we need
not address it.
Adams v. State Page 2