621 SW2D 597 - Hooker v. State

How this case has been cited

Cited by 49 later decisions — most recently March 2000 · most notably Benson v. State (1982), Johnson v. State (1984)

49 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION

DOUGLAS, Judge.

¶2This is an appeal from a conviction for injury to a child. The jury assessed punishment at twelve years and a $6,000.00 fine.

¶3In his first ground of error, Hooker contends that the trial court erred in overruling his motion for a change of venue. The motion was properly supported by an affidavit signed by two persons and was denied without an evidentiary hearing. No controverting affidavits had been filed by the State.

¶4This is the identical issue posed in Hussey v. State, 590 S.W.2d 505 (Tex.Cr.App.1979), where we held that it had been long established that a defendant was entitled to a change of venue as a matter of law when the State fails to challenge the motion either by controverting affidavits or by evidence presented at the hearing on the motion. The failure to grant the change of venue is reversible error. See also Durrough v. State, 562 S.W.2d 488 (Tex.Cr.App.1978).

¶5The judgment is reversed and remanded.

¶6PHILLIPS, J., not participating.

¶7Before the court en banc.