Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Baines v. State

In his first point of error, appellant argues that the trial court erred in re-opening the evidence on its own motion. To preserve a complaint for appellate review, he must have presented to the trial court a timely request, objection or motion stating the specific grounds for the ruling desired. Any error concerning the trial court re-opening the evidence has not been preserved for appellate review. Texarkana Court of Appeals, No. 06-10-00069-CR, 09-03-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Morriss, C.J., Carter and Moseley, JJ.

OPINION

Norris Shannon Baines appeals his Angelina County conviction for the state jail felony of evading detention and sentence of 180 days in the county jail.*fn1 The State alleged Baines committed evading detention by leading a police officer on a low-speed chase at speeds of approximately fifteen to twenty miles per hour around a single city block. The State sought to enhance the punishment, alleging that Baines had previously been convicted of two prior felonies. After Baines waived his right to a jury, a bench trial was conducted. The trial court carried Baines’s motion to suppress along with the bench trial. After the parties had rested, the trial court reviewed the arresting officer’s in-car video recording of the incident, recalled the police officer, and questioned the police officer concerning the depiction of events as preserved on the video recording. The trial court then permitted closing arguments and oral arguments on the motion to suppress. The trial court denied Baines’s motion to suppress and found Baines guilty of evading detention. At the punishment hearing, the trial court accepted Baines’s plea of true to the enhancement paragraphs, but announced, “I’m making no finding on the enhancements. And under [12.44(a)] I’m sentencing you to 180 days in county jail . . . .” The trial court later explained its decision was based on the gravity and circumstances of the offense.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs