Osborn v. State (Unpublished Memo): A jury had the option to give Osborn a life sentence. Since Osborn had one to four grams of cocaine within 1,000 feet of a middle school, the jury felt that a life sentence was the right call. But the jury shouldn’t have had that option. By statute, the punishment range is seven to twenty years. Osborn has an “absolute and nonwaivable” right to a sentence within the range set by the Texas Legislature. Any sentence outside of that range is void. The conviction stands, but the case is remanded for re-sentencing.
