To harsh a sentence?

[edenham]

My brother is mentally ill and molested a child. He was convicted of agravated assult and indecency with a child and given 20 years for each conviction. While I do believe he should be punished for what he did, I also believe it should be a fair and just punishment. This is the first offence he has ever committed in his life. He did not rape the child, but did touch her privately. He could not live with what he had done and went to get help at a state mental hospital. Under Texas law they are required to call the police under these circumstances and he was subsequently arrested. He waived his right to a jury trial and signed where they told him to at the trial, however I don't think he really understood what was happening. He did have a court appointed lawyer, but I was unable to see true representation.
Does anyone know what Texas law recommends as a sentence for someone who has committed such a crime? If he was harshly sentenced, does he have recourse? Any information would be greatly appretiated. Thank you, edenham

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Although I feel the punishment fit the crime (you see mentally ill people voluntarily commit acts and are to be treated just like everyone else in this capacity). Now, if you feel your brother was not properly represented or his waiver to a jury trial was something he did not understand, I hope these arguements were preserved for appeal.

He may have lost the right to appeal these items. To find out, you may want to contact your state bar organization and find a legal organization or firm that deals with legal rights for the mentally ill. See if they could help you in this matter.

But before you do, think about this, the child he did this to is now scarred for life.

Also, here is a site to research Texas law. http://www.hyperindex.com/scripts/search.exe/_hits?GOTO=Go+to+the+Library&SUBMIT=DIRECTORY&host=1&dn=abccode#TXCODES