Burrell appeals aggravated robbery conviction

Burrell appeals aggravated robbery conviction

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LUBBOCK, Texas -

A Lubbock defendant could get a new trial in a 2015 aggravated robbery case.

Jordan Burrell is serving 38 years in prison after pleading guilty in open court to beating Pablo Luna, 67, with a pipe while trying to rob him.

The 7th District Court of Appeals agreed with Burrell's claim that his due process rights were violated when Judge Jim Bob Darnell refused to consider the full range of punishment available during Burrell's sentencing trial in 2016.

According to the court transcript, the judge told Burrell and his attorneys that he was not considering deferred adjudication as an option.

The appeals court reversed the sentence and set aside Burrell's conviction to send the entire case back to the district court for further proceedings.

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