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Antoine James Garrett v. Texas

IFP petition · Court of Appeals of Texas, Second District, No. 02-25-00049-CR · judgment October 30, 2025


Pending

Question presented

Can a state court circumvent and avoid the constitutional principles of Alleyne v. United States, 570 U.S. 99 (2013) and Apprendi v. New Jersey, 530 U.S. 466 (2000) - requiring that any fact that increases the minimum punishment must be pled in the indictment and proven to a jury beyond a reasonable doubt - simply by narrowing the definition of “sentence” to exclude probation or community supervision?

Counsel of record

For petitioner
Cody Lee Cofer
Cofer Luster Law Firm, PC

For respondent
Andrea Jacobs
Tarrant County District Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 02 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 29 2026
    Waiver of right of respondent State of Texas to respond filed.
  3. May 13 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2026)