650 SW2D 813 - Sheffield v. State

How this case has been cited

Cited by 74 later decisions — most recently June 2018 · most notably Highwarden v. State (1994), Berry v. State (1991)

74 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.

¶1 OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

¶2 Appellant was convicted for possession of less than 2 ounces of marihuana and for *814 theft of property having a value greater than $5.00 but less than $20.00. Punishment in each case was assessed at confinement for 45 days. The Austin Court of Appeals affirmed. Sheffield v. State, 647 S.W.2d 413 (Tex.App.—Austin, 1983).

¶3 We agree with the Court of Appeals that appellant’s convictions should be affirmed. Accordingly, appellant’s petition for discretionary review will be refused. As is true in every case, refusal of discretionary review by this Court does not constitute an endorsement or adoption of the reasoning employed by the Court of Appeals.

¶4 To prevent any misunderstanding, we take this opportunity to emphasize that the summary refusal of a petition for discretionary review by this Court is of no prece-dential value. This is true where the petition is refused without opinion, as is the usual practice, as well as where the petition is refused with a brief opinion disavowing the reasoning employed by the Court of Appeals, as in the instant case. The Bench and Bar of the State should not assume that the summary refusal of a petition for discretionary review lends any additional authority to the opinion of the Court of Appeals. Campbell v. State, 647 S.W.2d 660 (Tex.Cr.App.1983).

¶5 Appellant’s petition for discretionary review is refused.