Legal Opinion

McCrary v. State

Court of Criminal Appeals of Texas

Decided May 21, 1980No. 57389PublishedCited by 16 opinions

1Opinion of the Court

OPINION

W. C. DAVIS, Judge.

This is an appeal from a conviction for robbery. The jury found as “true” the two enhancement allegations contained in the indictment, and accordingly, punishment was assessed at life imprisonment.

This conviction must be reversed because there is no evidence to show that appellant’s second previous felony conviction was for an offense committed after the first previous felony conviction became final. Appellant’s fourth and fifth grounds of error are sustained.

The enhancement paragraphs of the indictment alleged two out-of-state prior convictions. It recited that…

2Cases cited20 opinions

  1. Chambers v. MississippiSupreme Court of the United States · 1973
  2. Barber v. PageSupreme Court of the United States · 1968
  3. Berger v. CaliforniaSupreme Court of the United States · 1969
  4. United States v. Robert Edward LipscombCourt of Appeals for the Fifth Circuit · 1971
  5. Coulter v. StateCourt of Criminal Appeals of Texas · 1973

15 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Crane v. StateCourt of Criminal Appeals of Texas · 1990
  2. Porter v. StateCourt of Criminal Appeals of Texas · 1981
  3. Ex Parte MillerCourt of Criminal Appeals of Texas · 2010
  4. Beltran v. StateCourt of Criminal Appeals of Texas · 1987
  5. Mikel v. State, Texas Court of Appeals, 14th District (Houston)2005

11 more not listed; retrieve them via the Exa API.

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