Grado v. Texas

After Michael Grado pleaded guilty to possession of 400 grams or more of amphetamine, he was sentenced him to ten years’ confinement. The punishment was suspended and Grado received community supervision for a ten-year period and a $10,000 fine. Grado later pleaded true to the violations the State alleged in its motion to revoke his community supervision. There was no plea bargain between the parties on punishment after revocation. Before the admission of evidence, findings on the violations, and sentencing, the parties informed the judge of their belief on the correct punishment range applicable to Grado’s conviction. The community supervision was revoked, and the judge sentenced Grado to ten years’ confinement, believing that it was the statutory minimum for Grado’s offense when in fact it was five. Grado did not object. Is the right to be sentenced by a judge who considers the entire range of punishment subject to procedural default? Concluding that it is a waiver-only right, the Court of Criminal Appeals held that it is not. View "Grado v. Texas" on Justia Law