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SMITH v. STATE

No. 14-05-00031-CR.

292 S.W.3d 36 (2006)

Calvin Joseph SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Discretionary Review Granted November 22, 2006.

Attorney(s) appearing for the Case

William F. Carter, Bryan, Houston, for appellant.

David P. Weeks, Stephanie S. Stroud, Huntsville, Matthew W. Paul, Austin, for appellee.

Panel consists of Chief Justice HEDGES and Justices YATES and ANDERSON.

MAJORITY OPINION

ADELE HEDGES, Chief Justice.

Appellant, Calvin Joseph Smith, appeals from his conviction for reckless injury to a child. After appellant pleaded guilty, the trial court found him guilty and assessed punishment at twenty years' imprisonment and a $10,000 fine. On appeal, appellant contends that (1) the sentence imposed constituted cruel and unusual punishment under both the United States and Texas...

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