Roberson v. State (Unpublished Memo): Roberson plead guilty to aggravated sexual assault of a child. He requested a jury trial on punishment. The jury sentenced him to 35 years. Roberson appeals on grounds that the sentence is not supported by the evidence.
The statutory punishment range for the offense is 5 to 99 years, or life. Thirty-five years is within that range. The “general rule” is that sentences within the permissible range will not be disturbed on appeal. In particular, sentences within the permissible range cannot be appealed on sufficiency of the evidence grounds. Appeal dismissed.
See the Hickman case of March 31.
