Opinion
02-22-00270-CR
06-29-2023
Kedrien Offord, Appellant v. The State of Texas
Do Not Publish Tex.R.App.P. 47.2(b)
On Appeal from Criminal District Court No. 2 Tarrant County, Texas Trial Court No. 1653299D
Before Sudderth, C.J.; Birdwell and Walker, JJ.
MEMORANDUM OPINION
Wade Birdwell, Justice
The trial court convicted Appellant Kedrien Offord of three counts of aggravated assault with a deadly weapon and a single count of deadly conduct on his open pleas of guilty and, after considering the presentence investigation report (PSI), sentenced him to seven years' confinement for each count, to be served concurrently. See Tex. Penal Code Ann. §§ 22.02, 22.05.
In a single point, Offord complains that the trial court's consideration of the PSI at punishment violated his confrontation rights under the Sixth Amendment. However, he acknowledges that the Texas Court of Criminal Appeals has held otherwise, see Stringer v. State, 309 S.W.3d 42, 48 (Tex. Crim. App. 2010), and that he merely raises the argument "for a change or reversal in the law." Bound by the court's pronouncement in Stringer, see Sell v. State, 488 S.W.3d 397, 399 (Tex. App.-Fort Worth 2016, pet. ref'd), we overrule Offord's sole point and affirm the trial court's judgment.
In Stringer, the Court of Criminal Appeals held that "[w]hen the sentence is determined by the judge, the information in a PSI is not subject to the Confrontation Clause." 309 S.W.3d at 48.