No. 20-8182

Gilbert Sanchez v. Texas

Lower Court: Texas
Docketed: 2021-06-01
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions reasonable-doubt sentencing sentencing-guidelines
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (from Petition)

QUESTION NUMBER ONE
The trial court judge in this case states unequivocally that she misdirected the
jury as to the law in this case that changed Petitioner 's sentencing range from
that of 2 to 20 years to 5 to 99 years, or life. Petitioner was sentenced to 65 years
in prison when in fact he was only legally eligible to be sentenced under a
second-degree felony of 2 to 20 years. Does this not constitute egregious harm?

QUESTION NUMBER TWO
When a trial counsel admits that he was ineffective by failing to object to a
jury charge and admits the same during a habeas corpus evidentiary hearing.
How can the Court of Criminal Appeals ignore this fact?

QUESTION NUMBER THREE
Does the Fifth and Fourteenth Amendments to the United States Constitution
allow a conviction to stand without a jury finding of guilt beyond a reasonable
doubt to each and every essential element of the charged offense?

Question Presented (AI Summary)

Whether the trial court's misdirection of the jury as to the applicable sentencing range constituted egregious harm

Docket Entries

2021-10-04
Petition DENIED.
2021-07-15
DISTRIBUTED for Conference of 9/27/2021.
2021-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2021)

Attorneys

Gilbert Sanchez
Gilbert Sanchez — Petitioner